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I 


LAWS  AND  ORDINANCES 

RELATIVE  TO 

OBSTRUCTIONS  AND  INCUMBRANCES 

ON 

STREETS  AND  SIDEWALKS 

IN  THE 

CITY  OF  NEW  YORK, 

WITH 

POWERS  AND  DUTIES  OF  THE  BUREAU  OF 
INCUMBRANCES. 

COMPILED   AND   PREPARED  BY 
EBENEZKK  B.  SHAFER, 

Superintendent  of  Incumbrances. 

UNDER  THE  DIRECTION  OP 

GEORGE  M.  VAN  NORT, 
Commissioner  of  the  Department  of  Public  Works. 


NEW  YORK: 

M.    B.    BROWN    &   CO.,   PRINTERS   AND  STATIONERS, 
Nos.  201  &  203  William  Strjcbt. 
1872. 


7L 


BUREAU  OF  INCUMBRANCES 

CREATED  IN  THE 

DEPARTMENT  OF    PUBLIC  WORKS. 


A  Bureau  for  the  removal  of  incumbrances  on  the  streets  or  side- 
walks, the  chief  officer  of  which  shall  be  called  the  Superintendent  of 
Incumbrances,  to  whom  all  complaints  relating  to  the  removal  of  incum- 
brances shall  be  made,  and  by  whom  such  incumbrances  shall  be 
removed.    (To  Corporation  yard  or  other  suitable  place). 

The  Superintendent  is  also  charged  with  other  duties,  viz.  : 

To  receive  applications  and  issue  awning  and  building  permits. 

To  notify  owners  and  others  to  repair  sidewalk,  curb  and  gutter 
stones,  when  out  of  order,  and  to  superintend  the  repairing  of  the  same 
(upon  default  of  the  owner  or  occupant),  after  service  of  legal  notice. 

To  receive  applications  and  issue  permits  to  cut  down  trees,  upon 
consent  of  an  Alderman  and  Assistant  Alderman. 

The  Superintendent  is  especially  charged  with  the  duty  of  attending 
to  the  enforcement  of  all  laws  of  this  State,  and  ordinances  and  resolu- 
tions of  the  Common  Council  relating  to  incumbrances  and  obstructions 
on  streets  and  sidewalks  in  the  City  of  New  York,  and  is  required  from 
time  to  time  to  report  to  the  Mayor  or  Corporation  Attorney  violations 
thereof  by  any  individual,  company,  or  corporation. 


Digitized  by  the  Internet  Archive 
in  2013 


http://archive.org/details/lawsordinancesreOOnewy 


ORDINANCES 

or  THE 

Hapr,  Jlbwmen  uvfo  Commotralljj 

OF  THE 

CITY  OF  NEW  YORK, 

RELATIVE  TO 

V 

OBSTRUCTING  AND  INCUMBERING   THE  FREE  USE  OF  THE 
PUBLIC  STREETS,  SIDEWALKS,  WHARVES  AND  PIERS. 


Sec.  1.  No  person  shall  incumber  or  obstruct  any  street,  J/SjJjJJJJ011 
wharf,  or  pier  in  the  city  of  New  York,  with  any  article  or  brances" 
thing  whatsoever,  without  first  having  obtained  written  per- 
mission from  the  Mayor  or  Street  Commissioner,  under  the 
penalty  of  five  dollars  for  each  offense,  and  the  further 
penalty  of  five  dollars  for  each  day  or  part  of  a  day  such 
incumbrance  or  obstruction  shall  continue. 

Resolved,  That  section  1  of  chapter  24  of  the  Revised  Ordinances  of  1866, 
be  amended  so  as  to  read  as  follows: 

Sec.  1.  No  person  shall  incumber  or  obstruct  any  street,  which  has  been  Amended, 
opened,  regulated,  and  graded  according  to  law,  or  any  wharf  or  pier  in  the 
city  of  New  York,  with  any  article  or  thing  whatsoever,  without  first  hav- 
ing obtained  permission  from  the  Mayor  or  Street  Commissioner,  under  the 
penalty  of  five  dollars  for  each  offense,  and  a  further  penalty  of  five  dollars 


4 


for  each  day  or  part  of  a  day  such  incumbrance  or  obstruction  shall  con- 
tinue. 

(Passed,  February  15,  1867.) 


Cellar- 
doors. 


Sec.  2.  No  person  or  persons  shall  construct  or  continue 
any  cellar-door  which  shall  extend  more  than  one-twelfth 
part  of  any  street,  or  more  than  five  feet  into  any  street, 
under  the  penalty  of  two  hundred  and  fity  dollars  for  each 
offense. 


Basement 
or  cellar 
steps. 


Exception. 


Sec.  3.  Every  entrance  or  flight  of  steps  projecting  be- 
yond the  line  of  the  street  and  descending  into  any  cellar 
or  basement  story  of  any  house  or  other  building  where 
such  entrance  or  flight  of  steps  shall  not  be  covered,  shall 
be  enclosed  with  a  railing  on  each  side,  permanently  put 
up,  from  three  to  three  and  a  half  feet  high,  with  a  gate  to 
open  inwardly,  or  with  two  iron  chains  across  the  front  of 
the  entrance-way,  one  near  the  top  and  one  in  the  centre  of 
the  railing,  to  be  closed  during  the  night,  unless  there  be  a 
burning  light  over  the  steps  to  prevent  accidents,  under  the 
penalty  of  twenty  dollars  for  every  offense,  to  be  recovered 
from  the  owner,  assigns,  or  lessee  thereof,  severally  and 
respectively. 

Sec.  4.  This  ordinance  shall  not  apply  to  buildings 
already  erected  before  the  twenty-fifth  of  March,  one  thou- 
sand eight  hundred  and  thirty-four,  until  the  owners  and 
occupants  thereof  shall  receive  twenty  days'  notice  from  the 
Street  Commissioner  directing  such  railing,  with  gate  or 
chain,  to  be  put  up  in  manner  aforesaid. 


5 


Sec.  5.  The  owner  of  any  such  building  shall  not  be  Exception 
liable  for  the  said  penalty  for  not  keeping  any  such  gate 
closed  or  chains  fastened  across  the  front  of  such  entrance 
or  flight  of  steps  when  not  the  actual  occupant  thereof, 
anything  to  the  contrary  in  this  chapter  contained  notwith- 
standing. 

Sec.  6.  No  person  or  persons  shall  construct  or  continue  windows, 
any  bay-window  or  other  window  which  shall  extend  into 
any  street  more  than  one  foot  from  the  wall  of  any  house 
or  other  building,  under  the  penalty  of  two  hundred  and 
fifty  dollars  for  each  offense,  to  be  paid  by  the  owner  or 
owners  thereof,  or  the  person  or  persons  who  constructed 
the  same,  severally  and  respectively. 

Sec.  7.  No  person  or  persons  shall  hereafter  construct  cellar 

r  *  porch. 

any  porch  over  a  cellar-door,  under  the  penalty  of  two  hun- 
dred and  fifty  dollars. 

Sec.  8.  No  person  or  persons  shall  construct  or  continue  stoop?, 

platforms 

any  platform,  stoop,  or  step  in  any  street  in  the  city  of  New  etc' 
York  which  shall  extend  more  than  one-tenth  part  of  the 
width  of  the  street,  nor  more  than  seven  feet,  nor  with  any 
other  than  open  backs  or  sides,  or  railing ;  nor  of  greater 
width  than  is  necessary  for  the  purpose  of  a  convenient 
passage-way  into  the  house  or  building  ;  nor  any  stoop  or 
step  which  shall  exceed  five  feet  in  height,  under  the  pen- 
alty of  two  hundred  and  fifty  dollars. 

Sec.  9.  Nothing  contained  in  the  preceding  sections  of  Exception, 
this  chapter  shall  be  deemed  to  prohibit  the  continuation 


6 


of  any  parches,  doors,  stoops,  platforms,  or  steps,  which 
were  heretofore  erected,  unless  the  same  shall  be  com- 
plained of  to  the  Street  Commissioner,  and  he  shall  have 
directed  their  removal  or  alteration  within  a  reasonable 
time. 

Sades.  ^EC.  10.  All  persons  who  wish  hereafter  to  erect  balus- 

trades projecting  beyond  the  street  line  shall  first  obtain  a 
written  permit  from  the  Street  Commissioner. 

iwd.  Sec.  11.  No  balustrade  shall  hereafter  be  erected,  ex- 

cepting from  the  second  story  of  any  house ;  nor  shall  it 
project  more  than  one-twentieth  of  the  width  of  the  street 
wherein  it  may  be  erected,  nor  more  than  three  feet  in  any 
case  whatever. 

ibid.  Sec.  12.  None  but  iron  braces  and  railings  shall  be  used 

for  balustrades ;  the  strength  and  firmness  shall  be  tested 
by  the  Street  Commissioner;  and  in  case  he  object  to  the 
strength  of  the  same,  it  shall  be  made  as  he  shall  direct,  or 
removed,  under  the  penalty  of  five  dollars  per  day. 

posts.  Sec.  13.  No  post  shall  be  erected  or  put  in  any  of  the 

streets,  lanes,  or  highways  in  the  city  of  New  York,  unless 
under  the  direction  of  the  Street  Commissioner,  under  the 
penalty  of  five  dollars  for  every  such  post. 

Sec.  14.  No  person  shall  place  or  fix,  or  continue  in  any 
street  in  this  city,  any  awning  post  or  railing,  or  any  cloth 
or  canvas  for  an  awning,  unless  under  the  direction  of  the 
Street  Commissioner  and  made  conformably  to  the  next 


Awning- 
posts. 


7 


section  of  this  chapter,  under  the  penalty  of  ten  dollars  for 
each  offense. 

Sec.  15.  All  posts  fixed  in  any  street  for  the  purpose  of  pj^sing" 
supporting  any  awning  shall  not  exceed  nine  inches 
in  diameter,  and  the  rail  crossing  the  same  shall  not 
exceed  seven  inches  in  width  or  height  and  four  inches  in 
thickness  ;  the  said  posts  shall  be  placed  next  to  and  along 
the  inside  of  the  curb-stone,  and  the  upper  side  of  the  rail, 
which  is  intended  to  support  the  awning,  shall  not  be  less 
than  eight  feet,  nor  over  ten  feet  in  height,  above  the  side- 
walk, and  the  cross-rail  shall  be  strongly  mortised  through 
the  upright  posts. 

Sec.  16.  It  shall  be  the  duty  of  the  said  Street  Commis-  ibid, 
sioner  to  order  and  direct  any  awning-post  which  is  erected 
or  continued  in  any  street  in  the  city  of  New  York  con- 
trary to  the  last  above  section  to  be  forthwith  removed ; 
and  any  person  who  shall  neglect  or  refuse  to  comply  with 
such  direction  and  order  shall  forfeit  and  pay  for  every 
such  offense  the  sum  of  ten  dollars. 

Sec.  17.  The  owners  or  occupants  of  property  in  any  ibid, 
street  of  this  city  exceeding  the  width  of  forty  feet,  and 
from  which  the  wooden  awning-posts  have  been  or  may 
hereafter  be  directed  to  be  removed,  shall  be,  and  they  are 
hereby,  permitted  to  erect  in  front  of  their  respective  build- 
ings thereon  iron  posts,  and  none  others,  for  the  support  of 
awnings,  with  an  iron  cross-rail,  which  shall  be  nine  feet 
and  no  more,  from  the  curb-stone  to  the  top  of  said  rail ; 


V 


8 

said  post  shall  be  placed  eight  inches  within  the  outer  side 
of  the  curb-stone,  and  shall  conform  in  all  respects  to  a 
pattern  or  model  now  deposited  in  the  office  of  the  Street 
Commissioner. 

pS?g  Sec.  18.  Such  iron  posts,  as  well  as  those  which  may  be 
at  the  time  of  the  passage  of  this  ordinance  erected  in  any 
street  of  this  city,  shall  be  well  and  securely  braced  from 
the  building  with  wrought  iron  nails  or  rods  at  least  one 
inch  in  diameter,  in  the  proportion  of  one  brace  for  every 
post. 

Ibi(J-  Sec.  19.  The  owners  or  occupants  of  property  in  any 

street  not  exceeding  the  width  of  forty  feet  shall  be,  and 
they  are  hereby  permitted  to  construct  from  their  respect- 
ive buildings  thereon  wrought  iron  brackets  for  the  sup- 
port of  awnings,  which  said  brackets  shall  be  firmly  se- 
cured to  the  building  and  project  on  a  line  with  the  inner 
side  of  the  curb-stone,  and  shall  be  eight  feet  and  six  inches, 
and  no  more,  in  height,  from  the  curb-stone  to  the  top  of 
the  outer  cross-rail. 

iwd.  Sec.  20.  It  shall  be  the  duty  of  the  Street  Commissioner 

to  order  and  direct  the  removal  forthwith  of  all  iron  awn- 
ing-posts and  brackets  which  are  now  or  may  be  hereafter 
erected,  constructed,  or  continued  in  any  street  of  this  city 
contrary  to  the  preceding  provisions  of  these  ordinances ; 
and  any  person  who  shall  neglect  or  refuse  to  comply  with  ■ 
such  direction  or  order  shall  forfeit  and  pay  for  every  such 
offense  the  sum  of  five  dollars. 


9 


Sec.  21.  The  preceding  sections  relating  to  awniags  and  Tbia- 
awning-posts  shall  not  apply  where  the  erection  of  iron 
awning-posts  and  brackets  are  permitted  by  these  ordi- 
nances. 

Sec.  22.  No  portion  nor  part  of  any  cloth  or  canvas  Awnings, 
used  as  an  awning  shall  hang  loosely  down  from  the  same 
over  the  sidewalk  or  foot-path,  under  the  penalty  of  five 
dollars  for  each  day's  offense. 

Amended  February  8,  1870,  as  follows:    "And  after  Half  awn- 

J     '  7  ing  to  have 

the  first  day  of  March,  1870,  each  and  every  awn-  tacn?dat" 
ing  or  water  shed  of  any  kind,  covering  one-half,  or 
less  than  the  full  width  of  the  sidewalk  shall  have 
connected  therewith  a  gutter  and  leader  of  material 
and  size  sufficient  for  conducting  the  water  from  the 
same  to  the  outer  line  of  the  curb-stone,  under  a 
penalty  of  five  dollars  for  each  days'  offense." 

Sec.  23.  The  Street  Commissioner  is  hereby  authorized,  Removal 

J  1  ofobstruc- 

whenever  he  shall  deem  it  proper,  to  order  any  step-stone  tl0D8' 
used  for  entering  carriages,  any  railing  or  fence,  any  sign, 
sign-post,  or  other  post,  any  area,  bay-window,  or  other 
window,  porch,  cellar-door,  platform,  stoop,  or  step,  or  any 
other  thing  which  may  incumber  or  obstruct  any  street,  to 
be  altered  or  removed  therefrom  within  such  time  as  shall 
be  limited  by  the  said  Commissioner. 

Sec.  24.  The  order  or  direction  mentioned  in  the  last  Notice  in 

writing. 

preceding  section  shall  be  in  writing,  and  shall  be,  served 
personally  or  by  leaving  it  at  the  house  or  place  of  busi- 


10 


ness  of  the  owner,  occupant  or  person  having  charge  of  the 
house  or  lot  in  front  of  which  such  step-stone  or  other  in- 
cumbrance or  obstruction  may  be ;  or  by  posting  the  said 
notice  or  order  upon  such  step-stone  or  other  incumbrance 
or  obstruction. 

penalty.  Sec.  25.  If  any  owner,  occupant,  or  person  having 
charge  of  any  such  house  or  lot  in  the  city  of  New  York 
shall  refuse  or  neglect  to  obey  or  comply  with  such  notice 
or  order,  he,  she,  or  they  shall  forfeit  and  pay  the  sum  of 
ten  dollars,  and  the  further  sum  of  five  dollars  for  each  and 
every  day,  from  and  after  the  time  limited  and  appointed 
in  said  order,  until  the  same  shall  have  been  complied 
with. 

Sec.  26.  No  goods,  wares,  merchandise,  or  manufactures 
of  any  description,  shall  be  placed  or  exposed  to  show  or 
for  sale  upon  any  balustrade  that  now  is  or  hereafter  may 
be  erected  in  this  city,  under  the  penalty  of  ten  dollars  for 
each  offense. 

Sec.  27.  No  person  shall  hang  or  place  any  goods,  wares, 
or  merchandise,  or  any  other  thing,  at  any  greater  distance 
than  twelve  inches  in  front  of  his,  her,  or  their  house  or 
store  or  other  building,  under  the  penalty  of  five  dollars 
for  each  offense. 

Sec.  28.  No  person  shall  place,  hang,  or  suspend,  at  any 
Sards!1""    greater  distance  than  twelve  inches  in  front  of  and  from  the 
wall  of  any  house  or  store  or  other  building,  any  sign. 


Goods  on 
balus- 
trades. 


Hanging 
goods  in 
front  of 
premises. 


11 

show-bill,  or  show-board,  under  the  penalty  of  ten  dollars 
for  each  offense. 

Sec.  29.  The  said  Street  Commissioner,  with  the  assent  of  Treea- 
the  Aldermen  and  Councilmen  of  any  district  of  a  ward  in 
which  any  tree  may  be  standing,  may  cause  the  same  to  be 
cut  down  and  removed  from  the  street,  and  shall  cause  so 
much  of  the  sidewalk  or  carriage  way  as  may  be  injured 
by  the  removal  of  such  tree  to  be  properly  repaired. 

Sec.  30.  No  person  shall  plant,  or  suffer  or  permit  to  be  ibid, 
planted,  any  tree  or  shoot  in  any  street  in  the  city  of  New 
York,  under  the  penalty  of  fifteen  dollars  for  every  such 
offense. 

Sec.  31.  The  last  preceding  section  of  this  chapter  shall  Ibld- 
not  be  construed  to  prevent  the  planting  of  trees  in  any 
street  which  is  of  the  width  of  forty  feet  and  upward,  pro- 
vided the  same  may  be  planted  upon  the  sidewalk  or  foot- 
path and  within  twelve  inches  of  the  curb-stone. 

Sec.  32.  No  person  shall  cut  down,  destroy,  or  in  any  ibid, 
way  injure,  any  tree  or  shoot  standing  in  any  street  or  pub- 
lic place  in  the  city  of  New  York,  under  the  penalty  of  fifty 
dollars  for  each  offense. 

Sec.  33.  No  person  or  persons  in  the  city  of  New  York,  Raising  of 
whether  agent,  owner,  or  employer,  shall  suffer  or  permit  any  Dunding0f 
cask,  bale,  bundle,  box,  crate,  or  any  other  goods,  wares, 
or  merchandise,  or  any  boards,  planks,  joists,  or  other  tim- 
ber, or  anything  whatsoever,  to  be  raised  from  any  street, 


12 


on  the  outside  of  any  building,  into  any  loft,  store,  or  room, 
or  to  be  lowered  from  the  same,  on  the  outside  of  any 
building,  by  means  of  any  rope,  pulley,  tackle,  or  windlass, 
under  the  penalty  of  twenty -five  dollars,  to  be  recovered 
by  an  action  of  debt  from  such  person,  agent,  owner,  or 
employer. 

JJJjSSJf"  Sec.  34.  No  person  shall  lead,  drive,  or  ride  any  horse, 
or  drag  any  wheel  or  hand-barrow,  or  saw  any  wood,  or 
lay  or  place  any  wood,  coal,  or  other  thing,  or  any  goods, 
wares,  or  merchandise,  or  any  other  article  whatsoever,  up- 
on any  footpath  or  sidewalk,  under  the  penalty  of  five  dol- 
lars for  each  offense. 

SrSfetc.,      Sec.  35.  No  person  shall  drive,  or  back,  or  lead  any 

on  the  side-  .  ,  . 

waik».  horse  or  cart,  or  other  wheel  carriage,  on  the  footpath  or 
sidewalk  of  any  street,  under  the  penalty  of  five  dollars 
for  each  offense. 


ibid.  Sec.  36.  No  owner  or  occupant  of  any  store  or  house 

shall  permit  or  suffer  any  cart  or  other  wheel  carriage  to  be 
driven  or  otherwise  to  pass  or  go  over  or  upon  the  footpath 
or  sidewalk  opposite  to  such  house  or  store,  for  the  purpose 
of  loading  or  unloading  such  cart  or  other  wheel  carriage, 
or  for  any  other  purpose  whatever,  under  the  penalty  of  five 
dollars  for  each  offense. 

ifciewaiks  ^ec.  ^  any  caI^man  or  other  person  shall  break  or 
otherwise  injure  any  footpath  or  sidewalk,  he  or  they  shall, 
within  twenty -four  hours  thereafter,  cause  the  same  to  be 


13 


well  and  sufficiently  repaired  and  amended,  under  the  pen- 
alty of  ten  dollars. 

Sec.  38.  No  person  shall  obstruct  the  walks  laid  across  2£}£"and 
the  public  streets  or  at  the  head  of  the  public  slips  in  the  slips, 
city  of  New  York,  by  placing  or  stopping  his  horse,  cart, 
or  other  carriage  upon  or  across  any  of  the  said  walks,  or 
by  placing  or  putting  any  other  obstruction  or  thing  across 
or  on  the  same,  under  the  penalty  of  five  dollars  for  each 
offense. 

Sec.  39.  No  person,  without  permission  of  the  Common  carrying 
Council,  shall  take  up,  remove,  or  carry  away,  or  cause  or  JS2t!?e 
permit  to  be  taken  up,  removed,  or  carried  away,  any  turf, 
stone,  sand,  clay,  or  earth,  from  any  street,  public  place,  or 
highway  in  the  city  of  New  York,  under  the  penalty  of 
twenty-five  dollars  for  each  offense. 

Sec.  40.  No  person  shall  remove,  or  cause  or  permit  to  Moving 
be  removed,  or  shall  aid  or  assist  in  removing,  any  build- 
ing into,  along,  or  across  any  street,  lane,  or  alley,  or  pub- 
he  place  in  the  city  of  New  York  to  the  southward  of  Four- 
teenth street,  under  the  penalty  of  two  hundred  and  fifty 
dollars  for  every  such  offense. 

Sec.  41.  No  pavement  in  any  street  -in  the  city  of  New  Removing 

1  ^  J  pavements. 

York  which  has  been  accepted  by  the  Corporation  to  be 
kept  in  repair  at  the  public  expense  shall  hereafter  be  taken 
up  or  the  paving-stones  removed  therefrom,  for  any  pur- 
pose  whatever,    without  the  authority  of  the  Common 


14 


Council,  under  the  penalty  of  one  thousand  dollars  for 

every  offense. 

253I5S.  Sec.  42.  No  person,  without  permission  of  the  Common 
streets.  Council,  shall  dump  or  deposit  any  earth,  dirt,  rubbish,  or 
other  article  (except  for  the  purpose  of  building)  in  any 
street,  either  upon  the  cart-way  or  sidewalks,  or  any  public 
place,  under  the  penalty  of  ten  dollars  for  every  offense ; 
and  if  the  same  shall  be  dumped  or  deposited  by  a  dirt- 
cart,  the  owner  or  driver  thereof  shall  also  be  liable  to  be 
punished  for  misdemeanor,  pursuant  to  the  provisions  of 
the  act  of  the  Legislature  entitled  "  An  Act  relative  to  the 
powers  of  the  Common  Council  of  the  City  of  New  York 
and  the  police  and  criminal  courts  of  the  said  city,"  passed 
January  23,  1833. 


AN  ORDINANCE 

To  Regulate  Permits  for  Street-Stands,  Show- 
cases, Signs,  Stair-Ways,  Hoist-Ways,  and 
Deliveries. 

The  Mayor,  Aldermen,  and  Commonalty  of  the  city  of  Neiv 
York,  in  Common  Council  convened,  do  ordain  as  follows : 

Permits         Sec.  1.  All  the  power  and  authority  heretofore  exer- 

for  stands, 

&c-  cised  by  the  Mayor,  Aldermen,  and  Commonalty,  or  by 

the  Street  Commissioner,  in  granting  permits  for  show- 
cases, or  stands  for  the  sale  of  newspapers,  fruits,  books,  or 


15 


other  merchandise,  article,  or  thing  whatsoever,  incumber-  Permits 

°  7  for  stands, 

ing  the  streets  or  sidewalks,  wharves,  piers,  or  bulkheads,  &c' 
or  for  patting  out  signs,  for  or  the  receipt  or  delivery  of 
goods  across  the  sidewalks,  or  for  the  erection  of  stair-ways 
or  hoist- ways  over  the  sidewalks,  is  hereby  invested  in  the 
Mayor;  provided  that  each  application  for  such  permits 
shall  be  approved  by  the  Alderman  of  the  district  and  a 
Councilman  residing  in  the  Aldermanic  district  in  which 
such  permission  may  be  located,  and  with  the  consent  of  the 
person  or  persons  occupying  the  premises  in  front  of  which 
it  is  proposed  to  locate  under  such  permission. 

Sec.  2.  Nothing  in  this  ordinance  shall  be  construed  as  ibid, 
in  any  case  requiring  the  Mayor  to  grant  such  permits  in 
the  absence  of  objections,  unless  he  shall,  in  his  discretion, 
be  satisfied  that  the  same  is  desirable  and  proper. 

Sec.  3.  The  Mayor  is  hereby  invested  with  full  authority  iIne,m^.1a£f 
and  power  to  enforce  the  removal  of  all  privileges,  stands,  ces' 
signs,    stair-ways,    or  hoist-ways  which  may  have  been 
erected  without  a  permit,  under  the  provisions  of  this 
ordinance.  (Amended.) 

Sec.  4.  Whenever  notice  is  required  in  this  ordinance,  Notice, 
it  shall  be  sufficient  service  to  leave  a  copy  of  the  same 
with  any  person  in  charge  of  the  premises. 

Sec.  5.  Every  grantee  of  a  privilege  under  this  ordi-  license 
nance  for  a  show-case,  sign,  stair- way,  or  hoist- way,  or  goods 
delivery,  shall  pay  a  sum  of  ten  dollars,  and  grantees  of  all 
other  privileges  the  sum  of  one  dollar,  toward  the  expense 
2 


16 

of  executing  this  ordinance,  to  be  accounted  for  among 
other  fees  of  the  Mayor's  office. 

Termor  Sec.  q  All  privileges  granted  under  the  provisions  ot 
this  ordinance  shall  continue  in  force  for  one  year,  unless 
revoked  by  the  Mayor,  dating  from  the  first  day  of  May, 
1866,  or  such  portion  of  the  year  dating  from  the  granting 
of  the  privilege,  providing  no  permit  extend  beyond  the 
first  day  of  May  succeeding  the  issue  of  the  permit 

ibid.  Sec.  7.  All  privileges  which  may  be  granted  between  the 

adoption  of  this  ordinance  and  the  first  day  of  May,  1866, 
shall  continue  in  force  until  May  1,  1867. 

Sec.  8.  The  Mayor  shall  cause  to  be  provided  a  Record 
Book  of  all  permits  granted  under  this  ordinance,  in  which 
shall  be  entered  the  names  and  location  of  all  persons  and 
the  privileges  issued  in  said  permits ;  such  book  to  be  open 
to  the  inspection  of  the  public.  - 

permits0*  ^EC'  ^'  privileges  and  permits  heretofore  granted  by 
the  Mayor,  Aldermen,  and  Commonalty,  or  the  Street 
Commissioner,  which  are  contained  in  the  provisions  of 
this  ordinance,  are  hereby  repealed,  rescinded,  and  an- 
nulled. 


Former 
permits. 


Sec.  10.  All  ordinances  and  parts  of  ordinances  conflict- 
ing with  this  ordinance  are  hereby  repealed,  rescinded,  and 
annulled. 


17 


Sec.  11.  This  ordinance  shall  take  effect  immediately. 
(Adopted  by  the  Board  of  Council  men,  February  19, 
1866.) 

(Adopted  by  the  Board  of  Aldermen,  February  21, 
1866.) 

(Approved  by  the  Mayor,  February  24,  1866.) 

Resolved,  That  discretionary  power  be  allowed  to  the  License  fee 

for  signs. 

Mayor  as  regards  changing  the  license  fee  for  signs,  under 
the  ordinance  granting  such  license;  said  discretionary 
power  to  be  exercised  according  to  the  size  and  location  of 
signs,  providing  no  license  for  a  sign  be  less  than  one  dol- 
lar or  more  than  ten  dollars. 

(Approved  by  the  Mayor,  March  8,  1866.) 

Resolved,  That  the  Mayor  be,  and  he  is  hereby,  requested  Report  of 
to  render  a  detailed  report  to  the  Common  Council,  on  the  mitsper" 
first  day  of  May,  1866,  of  all  licenses  and  permits  issued 
in  the  several  Aldermanic  districts,  by  the  Register  of  Per- 
mits, under  the  ordinance  to  grant  licenses  and  permits,  ap- 
proved by  the  Mayor,  February  24,1866.  Such  report  to 
contain  the  amount  of  money  received  and  collected  for 
each  license  or  permit,  and  the  privilege  granted  under  such 
license  or  permit,  and  also  the  expenses  incurred  in  the  of- 
fice of  said  Register  of  Permits ;  and,  further,  that  semi- 
annual reports  be.  rendered  to  the  Common  Council,  viz., 
on  the  first  day  of  May  and  the  first  day  of  November  in 
each  year. 

(Approved  by  the  Mayor,  April  24,  1866.) 


Resolved,  That  the  Street  Commissioner  be,  and  he  is 
hereby,  directed  to  remove  all  street-stands,  show  cases, 
signs,  or  stairways,  or  hoistways  over  the  sidewalk,  the 
owners  of  which  have  failed  to  comply  with  the  provisions 
of  said  ordinance.  (Passed  February  24,  1866.  To  regu- 
late permits  for  street  stands,  show-cases,  signs,  stairways, 
hoistways,  and  deliveries.)    Passed  May  11,  1866. 


AN  ORDINANCE 

Relative  to  Paving,  Repaying,  and  Repairing 
the  Carriage  Ways  of  Streets  and  Avenues. 

(Chapter  14,  page  227.  etc. — Revised  Ordinances,  1866.) 

Reguia-         Sec  5.  Any  and  all  persons  other  than  the  Water  Pur- 

tions  a9  to  J  r 

veyor  who  may  hereafter  pave,  or  cause  to  be  paved,  any 
street,  lane,  or  other  thoroughfare,  or  portion  thereof,  in  this 
city,  shall  have  the  sand,  dirt,  and  rubbish  cleaned  off  said 
street,  lane,  or  thoroughfare,  or  any  part  thereof,  within 
twelve  days  after  any  such  pavement  shall  be  completed,  ex- 
cept such  pavement  as  shall  be  laid  over  pipes,  which  shall 
be  cleared  off  within  six  days  after  the  same  shall  be  laid. 
This  section  shall  be  so  construed  as  to  apply  to  the  re- 
moval of  all  sand,  dirt,  or  rubbish  collected  in  any  part  of 
any  and  all  streets,  lanes,  and  thoroughfares  covered  by 
any  pavement  so  done  or  laid,  or  excavation  that  may  have 
been  made,  or  other  work  done  in  pursuance  thereof ;  and 
no  contract  for  paving,  in  pursurnce  of  this  section,  shall 


19 


be  accepted  as  completed  unless  the  Water  Purveyor  shall 
certify  that  this  section  has  been  fully  complied  with. 

Sec.  7.  Any  contractors  or  other  person  or  persons  causing  spjmngdirt 
any  cart  to  be  loaded  and  heaped  up  with  manure,  sand, 
earth,  mud,  clay,  or  rubbish,  so  that  the  contents  or  any 
part  thereof  shall  be  scattered  in  any  street,  avenue,  lane, 
pier,  or  bulk-head  in  this  city,  shall  forfeit  and  pay  the  sum 
of  live  dollars  for  each  offence. 

Sec.  10.  No  person  or  persons  shall,  without  the  con-  obstruc- 

1  r  tions  in 

sent  of  the  Water  Purve}ror,  in  writing,  or  without  the  sfi-eetf. 
consent  of  the  person  superintending  said  paving,  throw 
down,  displace,  or  remove  any  such  obstruction  mentioned 
in  the  last  preceding  section  of  this  chapter,  under  the  pen- 
alty of  fifteen  dollars  for  every  such  offence. 


Sidewalk,  Curb,  and  Gutter  Stones. 

Sec.  7.  No  sidewalk  or  part  of  a  sidewalk  laid  with  Removal  of 

sidewalk 

brick  or  flagging  in  any  part  of  the  City  of  New  York.  SUf**" 
shall  hereafter  be  taken  up.  or  the  brick  or  flagging  re- 
moved therefrom  for  any  purpose  whatever,  without  the 
the  written  permission  of  the  Street  Commissioner,  under 
penalty  of  twenty-rive  dollars  for  every  such  offence. — 
R.  O.  1866,  p.  283. 

Sec.  14.  The  owner  or  owners,  lessee  or  lessees,  OCCU-  who  to 

flag  and 

pant  or  occupants  of  any  house  or  other  building  or  vacant  ESGw»i*«. 
lot  fronting  on  any  street  or  avenue  shall,  at  his,  her. 


20 


or  their  charge  or  expense,  well  and  sufficiently  pave,  ac- 
cording to  the  ordinances,  and  keep  and  maintain  in  good 
repair,  the  sidewalks,  curb  and  gutter  of  such  street  or 
avenue  in  front  of  any  such  house,  or  other  building,  or 
vacant  lot. — R  O.  1866,  p.  236. 


Jagand  ^EC.  15.  Upon  complaint  being  made  to  the  Street  Com- 
sf&waiks.  missioner,  to  his  satisfaction,  that  any  sidewalk  and  curb 
and  gutter,  or  either,  are  not  paved  or  repaired  according 
to  the  ordinances,  it  shall  be  lawful  for  the  said  Commis- 
sioner to  cause  a  notice  to  be  served  upon  the  owner  or 
owners,  lessee  or  lessees,  occupant  or  occupants  of  any 
house,  or  other  building,  or  vacant  lot  of  ground  fronting 
on  any  street  or  avenue,  to  repair  or  relay,  as  the  case  may 
require,  the  sidewalk  and  curb  and  gutter,  or  either,  in  front 
of  the  same,  within  ten  days  after  the  service  of  such  no- 
tice.— R  0.  1866,  p.  236. 


Sec.  16.  In  default  of  such  owner  or  owners,  lessee  or 
lessees,  occupant  or  occupants,  repairing  or  relaying,  as 
the  case  may  require,  such  sidewalks  and  curb  and  gutter, 
or  either,  within  the  time  required  by  said  notice,  and 
complying  with  the  said  notice,  it  shall  be  lawful  for  the 
Street  Commissioner  to  order  the  same  to  be  done ;  and  in 
case  the  expense  thereof  shall  not  exceed  the  sum  of  two 
hundred  and  fifty  dollars  (amended,  one  thousand  dollars) 
to  appoint  such  person  or  persons  to  do  the  same,  as  he 
shall  deem  proper,  and  in  case-such  expense  shall  exceed 
the    aforesaid  sum  —  two   hundred    and    fifty  dollars 


21 


(amended,  one  thousand),  the  same  shall  be  done  by  con- 
tract according  to  the  ordinances. — R.  O.  1866,  p.  237. 

Sec  17.  The  expense  of  such  work,  together  with  the  Expenses 
expense  of  surveying  the  same,  and  certifying  to  the  work 
done  and  materials  furnished  by  one  of  the  City  Surveyors, 
shall  be  paid  out  of  the  appropriation  for  sidewalks. — 
R  0.  1866,  p.  237. 

Sec.  18.  It  shall  be  the  duty  of  the  Street  Commissioner,  iwa. 
immediately  upon  the  completion  of  such  work  and  the 
payment  thereof,  to  report  the  same  to  the  Corporation  At- 
torney, who  shall  recover  the  amount  to  be  paid,  with  ten 
dollars  as  penalty,  from  the  owner  or  owners,  lessee  or 
lessees,  occupant  or  occupants  of  any  such  house  or  other 
building  in  front  of  which  the  expense  was  incurred,  in 
any  court  having  jurisdiction  thereof,  in  the  name  of  the 
Mayor,  Aldermen,  and  Commonalty  of  the  City  of  New 
York. — R  0.  1866,  p.  237. 

Sec.  L9.  It  shall  be  the  duty  of  the  Corporation  At-  J®^*1.68 
torney,  in  returning  to  the  Comptroller  an  account  of 
moneys  recovered  in  such  suits,  to  specify  that  the  same 
were  recovered  for  "  penalties  on  sidewalks  ;"  and  it  shall 
be  the  duty  of  the  Comptroller  to  credit  the  amount  thus 
paid  to  the  fund  appropriated  as  aforesaid. — R  O.  1866, 
p.  237. 

^  t  l  i  ihiyy  ?>-\.p* 

This  ordinance  is  ahmftl I'.te  by  judicial  decision  (see  Cor- 
poration Counsel). 


22 


AN  ORDINANCE 

Relative  to  the  Erection  of  Barriers  to  prevent 
Accidents. 

(Chap.  20,  page  259,  etc. — Revised  Ordinances.  1866.) 

iXnceo*         Sec.  1.  It  shall  be  the  duty  of  every  person  or  persons 

railing  to 

be  erected,  engaged  in  digging  down  any  road  or  street,  in  paving  any 
street,  building  any  sewer  or  drain,  trench  for  water-pipes, 
or  digging  and  building  a  well  in  any  part  of  the  public 
roads,  streets,  or  avenues,  under  contract  with  the  Corpora- 
tion of  this  city,  made  through  either  or  any  of  the  depart- 
ments of  the  said  Corporation,  or  by  virtue  of  any  permis- 
sion which  may  have  been  granted  to  them  by  the  Mayor 
and  Common  Council  or  either  of  the  scad  departments,  or 
either  of  them,  where  such  work,  if  left  exposed,  would  be 
dangerous  to  passengers,  to  erect  a  fence  or  railing  at  such 
excavations  or  works  in  such  a  manner  as  to  prevent  dan- 
ger to  passengers  who  may  be  traveling  such  streets,  roads, 
or  avenues,  and  to  continue  and  uphold  the  said  railing  or 
fence  until  the  work  shall  be  completed  or  the  obstruction 
or  danger  removed.  And  it  shall  also  be  the  duty  of  such 
persons  to  place  upon  such  railing  or  fence,  at  twilight  in 
the  evening,  suitable  and  sufficient  lights,  and  keep  them 
burning  through  the  night,  during  the  performance  of  said 
work,  under  the  penalty  of  two  hundred  and  fifty  dollars 
for  every  neglect. 

ibid.  Sec.  2.  The  provisions  of  the  preceding  section  shall 


23 


apply  to  every  person  who  shall  place  building  materials  in 
any  of  the  public  streets  or  avenues,  or  be  engaged  in  build- 
ing any  vault  or  constructing  any  lateral  drain  from  any 
cellar  to  any  public  sewer,  or  who  shall  do  or  perform  any 
work  causing  obstructions  in  the  public  streets,  by  virtue 
of  any  permit  from  any  executive  department ;  and  also  to 
all  public  or  Corporation  officers  engaged  in  performing 
any  work  in  behalf  of  the  Corporation,  whereby  obstruc- 
tions or  excavations  shall  be  made  in  the  public  streets. 

Sec.  3.  The  extent  to  which  such  railing  or  fence  should  Extent  0f 

o  fence  or 

be  built  in  the  several  cases  is  hereby  defined  as  follows,  to  rdllmg" 
wit : 

1.  Iu  digging  down  any  street  or  road,  by  placing  the 

same  along  the  upper  bank  of  such  excavation,  or 
by  extending  the  fence  so  far  across  the  street  or 
road  as  to  prevent  persons  from  traveling  on  such 
portion  as  would  be  dangerous. 

2.  In  paving  any  street  or  avenue,  by  extending  it 

across  the  carriage-way  of  such  street  or  avenue, 
or  if  but  a  portion  of  the  width  of  said  car- 
riage-way be  obstructed  across  such  portion,  in  which 
case  the  obstruction  shall  be  so  arranged  as  to  leave 
a  passage-way  through,  as  nearly  as  may  be  of  uni- 
form width. 

3.  In  the  building  of  a  sewer,  by  placing  it  across  the 

carriage-way  at  the  end  of  such  excavations  as 
shall  be  made. 


24 


4.  In  the  building  of  a  well,  by  inclosing  the  same  and 

the  obstructions  connected  therewith  on  one  or  more 

sides. 

5.  In  building  vaults,  by  inclosing  the  ground  taken 

for  the  vaults. 

6.  In  placing  building  materials  in  the  streets,  by  plac- 

ing it  across  so  much  of  the  street  as  shall  be  occu- 
pied by  such  materials  ;  and  the  materials  shall  be 
so  placed  as  to  occupy  a  space  of  uniform  width,  ex- 
cept brick  or  stone  piled  solid  at  least  seven  feet 
high.  In  all  cases  sufficient  lights  are  to  be  placed 
upon  such  building  materials,  fences,  or  railings,  and 
kept  burning  during  the  night,  as  provided  by  the 
preceding  sections. 

Duties  of       Sec.  6.  It  shall  also  be  the  dutv  of  the  said  chiefs  of  bu- 

chief  s  of  J 

fntwscon-  reaux,  when  any  of  the  works  referred  to  in  any  of  the  pre- 

nection. 

ceding  sections  shall  be  performed,  whether  for  digging  down 
streets  or  roads,  paving  streets,  building  sewers  and  build- 
ing wells,  or  digging  trenches  for  water-pipes,  by  persons 
under  contract  with  the  Corporation,  or  for  building  vaults 
or  placing  building  materials  in  the  streets,  or  constructing 
drains,  or  any  other  work  for  forming  an  obstruction  to  the 
said  street,  by  virtue  of  permission  duly  obtained,  to  see 
that  the  requirements  of  this  chapter,  in  regard  to  erecting 
the  necessary  fences  and  placing  the  necessary  lights,  be 
complied  with,  and  to  make  the  necessary  complaint  to  the 
Corporation  Attorney  for  any  omission  on  the  part  of  the 


25 


person  referred  to,  under  the  penalty  of  fifty  dollars  for 
every  neglect. 

Sec.  9.  A  like  fence  or  railing  shall  be  put  up  and  up-  streeto^iig 
held  in  all  cases  in  which  a  road  or  street  is  dug  out  at  the  poratIon* 
cost  of  the  Common  Council. 


AN  ORDINANCE 

Relative  to  Sales  in  the  Public  Streets,  Desig- 
nation of  Places  where  Coods,  Wares,  and 
other  Merchandise  may  be  sold  at  Public 
Auction,  and  Rules  and  Regulations  go- 
verning the  same. 

(Chapter  27,  page  306,  etc.— Revised  Ordinances,  1866.) 

ARTICLE  L 

Sec.  1.  The  following  places  are  hereby  designated  as  piacesfor 
the  places  at  which  articles  of  furniture  may  be  exposed  furmture- 
for  sale  and  sold,  that  is  to  say : 

i 

1.  At  Peck  slip,  between  Pearl  street  and  Front  street. 

2.  At  Burling  slip,  between  Pearl  street  and  Front  street. 

3.  At  Old  slip,  between  Water  street  and  Front  street. 

4.  In  Broad  street,  between  Front  street  and  South  street 

5.  In  Vesey  street,  between  Church  street  and  Washing- 

ton street 


26 


6.  In  the  square  in  front  of  Greenwich  Market,  on  a 
line  with  Christopher  street,  west  of  Greenwich 
avenue. 

Sec.  2.  No  goods,  wares,  merchandise,  or  other  thing 
whaetver,  shall  be  sold  at  public  auction,  or  exposed  for 
sale  in  any  street,  road,  lane,  highway,  or  public  place  in 
the  city  of  New  York,  except  between  the  hours  of  nine 
o'clock  in  the  morning  and  two  o'clock  in  the  afternoon  of 
each  day,  under  the  penalty  of  ten  dollars  for  every  such 
offense,  to  be  sued  for  and  recovered  from  the  seller,  auc- 
tioneer, or  his  agent,  severally  and  respectively. 


ARTICLE  II 

permission      Sec.  3.  No  auctioneer,  or  his  agent  or  servant,  or  any 

to  be  gotten  °  J 

of  Jr^m-8  other  person  shall  sell  at  auction  or  expose  for  sale,  or  lay 
or  place  any  goods,  wares,  merchandise,  or  other  thing,  in 
any  street,  road,  lane,  highway,  or  public  place  in  the  city 
of  New  York,  unless  such  person  shall  first  obtain  the  con- 
sent or  permission,  in  writing,  of  the  occupant  of  the  lot  or 
building  before  which  such  articles  or  any  part  thereof 
shall  be  placed  or  exposed  for  sale,  under  the  penalty  of 
ten  dollars  for  every  such  offense,  to  be  sued  for  and  re- 
covered from  the  seller,  auctioneer,  or  his  agent,  severally 
and  respectively. 


Extent  to  Sec.  4.  Such  articles,  after  permission  granted  as  re- 
beoccu™^  quired  in  the  third  section  of  this  chapter,  when  placed  or 

pied.  , 

exposed  for  sale,  shall  not  occupy  more  than  one-third  part 


27 


in  width  of  the  carriage-way  in  any  street,  under  the  pen- 
alty of  ten  dollars  for  every  such  offense,  to  be  sued  for  and 
recovered  from  the  seller,  auctioneer,  or  his  agent,  severally 
and  respectively. 

Sec.  6.  No  person  shall  sell,  or  expose  for  sale,  at  auc-  a.s  to  sales 

x  L  of  carriage* 

i  i       o  and  animals 

tion.  any  carriage  or  carnages,  or  anv  animal  or  animals  oi  in  the 

J  streets. 

any  description,  in  any  public  street  or  place  in  the  city  of 
New  York,  except  in  the  Fourth  avenue,  at  the  corner  of 
Eighty-sixth  street,  under  the  penalty  of  ten  dollars  for 
each  offense,  to  be  sued  for  and  recovered  from  the  seller, 
owner  or  purchaser  thereof,  severally  and  respectively. 

Sec.  7.  Every  article  exposed  for  sale  at  public  auction.  Thingssoid 

J  y.  -l  '  m  streets  to 

or  sold  in  any  public  place,  street,  lane,  road,  or  highway  Sfa™re- 

moved. 

in  the  city  of  New  York,  shall  be  removed  from  the  same 
by  the  setting  of  the  sun  of  the  day  of  selling  or  exposing 
to  sale,  under  the  penalty  of  ten  dollars  for  each  offense,  to 
be  sued  for  and  recovered  from  the  auctioneer,  his  agent, 
or  the  purchaser  thereof,  severally  and  respectively. 

Sec.  8.  No  bellman  or  crier,  nor  any  drum  or  life,  or  Advertise* 

^  .  sale. 

other  instrument  of  music,  nor  any  show-signal  or  means  of 
attracting  the  attention  of  passengers  other  than  a  sign  or 
flag,  shall  be  employed  or  suffered,  or  permitted  to  be  used, 
at  or  near  any  place  of  sale,  or  at  or  near  any  auction-room, 
or  at  or  near  the  residence  of  any  auctioneer,  or  at  or  near 
any  auction  whatsoever,  under  a  penalty  of  ten  dollars  for 
each  offense,  to  be  sued  for  and  recovered  from  the  person 
using  the  same,  and  the  auctioneer  or  his  agent  suffering 
or  permitting  the  same,  severally  and  respectively. 


28 


SSStoi*.  Sec.  9.  No  auctioneer  or  other  person  shall  sell,  or  ex- 
st?eetsnpro-  pose  for  sale,  at  public  auction  or  vendue,  any  dry-goods, 
hardware,  wooden  ware,  or  tin  ware,  by  retail  or  in  small 
parcels  or  pieces,  in  any  public  street,  lane,  "highway,  or 
public  place  in  the  city  of  New  York  (articles  of  household 
furniture  at  the  places  and  as  hereinbefore  provided  alone 
excepted),  under  the  penalty  of  ten  dollars  for  each  offense, 
to  be  sued  for  and  recovered  from  the  seller,  auctioneer,  or 
his  agent,  severally  and  respectively. 

sales  at         Sec.  10.  No  auctioneer  or  his  agent  or  servant  shall  sell, 

auction.  o  t 

or  expose  for  sale,  at  public  auction  any  goods,  wares,  mer- 
chandise, or  other  thing  whatsoever,  to  any  person  or  per- 
sons who,  at  the  time  of  bidding  for  the  same,  or  whilst  ex- 
amining the  same,  shall  be  on  the  sidewalk  or  carriage-way 
of  any  of  the  streets  of  the  city,  under  the  penalty  of  ten 
dollars  for  every  such  offense. 

construe-       Sec.  11.  This  chapter  shall  not  be  construed  to  prevent 
the  sale  of  goods  to  persons  who  may  be  standing  on  the 
1  carriage-ways  of  such  streets  or  parts  of  streets,  or  places  as 
are  hereinbefore  mentioned  and  designated. 

Seat  ash  ^EC*  ^°  Person  sna^  se^>  or  expose  for  sale,  any 
or  food.  meat?fish,  or  food  of  any  description,  in  any  of  the  streets 
or  public  squares  in  this  city  other  than  in  the  markets  of 
said  city,  under  the  penalty  of  ten  dollars  for  each  offense, 
except  as  follows :  Permission  is  hereby  given  to  farmers 
and  market  gardeners  to  occupy  daily,  until  12  o'clock  M., 
free  of  charge,  the  vacant  space  of  the  northern  and  south- 


29 


em  extremities  of  the  intersection  of  Broadway  and  Sixth 
avenue,  between  Thirty-second  and  Thirty-fifth  streets, 
without  infringing  upon  the  streets  which  the  said  space 
intersects,  for  the  purpose  only  of  selling  vegetables  and 
market  produce  of  their  own  farms  or  gardens,  under  the 
supervision  and  control  of 

Sec.  14.  No  auctioneer,  or  his  agent  or  servant,  or  any  sales  of 

°  J  furniture 

other  person,  shall  lay  or  place,  or  sell  or  expose  for  sale, 
any  article  of  household  furniture  in  any  street  or  public 
place  in  the  city  of  New  York  other  than  such  as  is  here- 
inbefore designated  or  mentioned,  under  the  penalty  of 
twenty  dollars  for  every  such  offense,  to  be  sued  for  and 
recovered  from  the  seller,  auctioneer,  or  his  agent  or  servant, 
severally  and  respectively. 

Sec.  15.  No  furniture,  goods,  wares,  merchandise,  or  other  Sales  in 

Chatham 

article  or  thing  whatever,  shall  be  sold  at  auction  or  exposed  S(iuare- 
for  sale  by  any  auctioneer,  his  agent  or  servant,  or  by  any 
other  person  or  persons,  upon  the  sidewalk  of  Chatham 
square,  between  James  street  and  Catharine  street,  in  the 
city  of  New  York,  under  the  penalty  of  twenty  dollars  for 
every  such  offense,  to  be  sued  for  and  recovered  from  the 
seller,  auctioneer,  or  his  agent  or  servant,  or  any  other  per- 
son or  persons  offending,  severally  and  respectively. 

Sec.  18.  No  auctioneer  or  other  person  shall  sell,  or  iDid. 
expose  for  sale,  at  public  auction  or  vendue,  any  dry  goods, 
hardware,  wooden  ware,  tin  ware,  earthern  ware,  china 
ware,  glass  ware,  goods,  wares,  or  merchandise  of  any  de- 


30 


scription,  or  any  other  article  whatever,  by  retail  or  in  small 
parcels  or  pieces,  in  Chatham  square,  between  James  street 
and  Catharine  street,  aforesaid,  under  the  penalty  of  ten 
dollars  for  each  offense,  to  be  sued  for  and  recovered  from 
the  seller,  auctioneer,  or  his  agent  or  servant,  severally  and 
respectively. 

certainf         Sec.  19.  No  person  shall  sell  or  expose  for  sale,  in  any 
prohibited,  of  the  streets  or  slips  in  the  city  of  New  York,  any  tin  plate 
ware,  earthen  ware,  china  ware,  glass  ware,  goods,  wares, 
and  merchandise  of  any  description,  or  any  other  article, 
under  the  penalty  of  ten  dollars  for  each  offense. 


AN  ORDINANCE 

Relating  to  Carts  and  Carmen,  Dirt  Carts, 
Public  Porters,  and  Garbage  Carts. 

(Chapter  37,  page  360,  etc. — Revised  Ordinances,  1866.) 

i 

stands  for.     Sec.  10.  The  Mayor  may  assign  to  the  owner  of  each 

cartmen.  •/  jo 

duly  licensed  public  cart  a  stand,  where  such  cart  may 
remain  waiting  to  be  employed,  and  also  a  stand  where  it 
may  remain  at  other  times,  provided  that  no  such  stand 
shall  be  assigned  for  a  cart  to  remain  at  such  other  times  in 
front  of  the  premises  of  any  person  other  than  the  owner 
of  such  cart  against  the  wishes  of  the  occupant  thereof,  and 
provided,  further,  that  carts  shall  not  be  permitted  to  so 
stand  two  abreast  in  any  of  the  streets  ;  and  every  public 
cartman  who  shall  permit  his  cart  to  stand  loaded,  or  wait- 


31 


ing  for  employment,  or  to  remain  at  other  times  at  any 
place  other  than  the  one  so  assigned  for  such  carts,  shall  be 
deemed  guilty  of  a  violation  of  this  chapter. 

Sec.  11.  The  Mayor  and  the  several  officers  and  members  carts  in- 

J  cumbering 

of  the  Police  Department,  and  magistrates,  shall  have  power  e  8  ree  3' 
and  authority  to  order  the  driver  or  other  person  having 
charge  of  any  public  cart  or  any  other  vehicle  to  remove  such 
cart  or  other  vehicle  away  from  any  place  in  any  of  the 
streets,  or  on  any  of  the  wharves  or  docks  of  said  city,  which, 
in  his  or  their  opinion,  may  be  improperly  incumbering  such 
street  or  wharf,  or  obstructing  or  impeding  the  public 
travel ;  and  any  and  every  person  neglecting  or  refusing  to 
comply  with  or  obey  any  such  order  shall  be  deemed  guilty 
of  a  violation  of  this  chapter. 

Sec.  12.  It  shall  be  the  duty  of  every  person  driving  or  Names  to 
having  charge  of  a  public  cart  to  give  to  any  person  re-  demanded, 
questing  it  his  name  and  place  of  residence,  his  number, 
and  the  number  of  the  cart  he  is  driving  or  in  charge  of, 
and  the  name  and  place  of  residence  of  the  owner  thereof; 
and  the  refusal  to  do  so  shall  be  deemed  a  violation  of  this 
chapter. 

Sec.  14.  It  shall  not  be  lawful  for  any  public  cartman.  Driving 

carta  on 

or  for  any  person  driving  or  having  charge  of  any  public  sidewalk8 
cart,  or  any  other  cart,  wagon,  or  other  vehicle,  to  drive  or 
back  any  such  public  cart  or  any  other  vehicle,  on  to  the 
sidewalks  of  any  of  the  streets  of  said  city,  or  to  stop  any 
such  cart,  or  any  other  vehicle,  on  any  of  the  crosswalks  or 


32 


intersections  of  streets  so  as  to  obstruct  or  hinder  the  travel 
along  such  crosswalks  or  intersection  of  streets,  or  to  place 
any  such  cart  or  other  vehicles  crosswise  of  any  street  or 
wharf  of  said  city,  except  to  load  thereon,  or  unload  there- 
from, articles  of  greater  weight  each  than  two  hundred 
pounds ;  but  in  no  case  shall  it  be  lawful  for  any  person  to 
permit  such  cart  or  other  vehicle  to  remain  so  crosswise 
of  any  street  for  a  longer  period  than  may  be  actually  ne- 
cessary for  such  purpose,  and  not  to  exceed  five  minutes. 

Sec.  20.  The  prices  or  rates  to  be  taken  or  charged  for 
the  loading,  transportation,  and  unloading  of  goods,  wares, 
or  other  articles,  shall  be  as  follows,  to  wit ; 

Oils,  molasses,  and  all  wet  casks  containing  less  than 
25  gallons,  for  every  load  

Of  25  gallons  and  under  50  gallons,  for  every  four. . 

Of  50  gallons  and  under  100  gallons,  for  every  two. . 

For  100  gallons  and  upward,  for  every  one  hundred 
gallons  

All  gaugeable  goods,  £  of  a  cent  per  gallon. 

Sugars,  tobacco,  copperas,  and  all  dry  casks,  of  under 


1,000  pounds  weight,  for  every  load  $0  75 

Of  1,000  pounds  and  under  1,500  pounds  each   86 

Of  1,500  pounds  and  under  2,000  pounds  each   93 

Of  2,000  pounds  and  upward,  for  every  100  pounds ; 
and  other  ponderous  articles  of  1,000  pounds 

weight  and  upward  at  the  same  rate   11 

Hay,  loose,  per  load   1  68 

Bricks,  when  handled  and  piled,  per  load   78 


33 


Hoop-poles,  loose,  per  load  $0  93 

Timber  and  lumber,  per  load   71 

Hemp,  loose,  for  every  1,200  pounds   93 

Beef  and  pork,  for  every  5  barrels   75 

Calves,  sheep,  and  lambs,  per  load   71 

Coal,  per  ton   93 

Coal,  per  half-chaldron   78 

Cotton,  for  every  3  bales   75 

Earthenware,  loose,  per  load   78 

Oil  floor-cloths,  in  boxes  or  rolls  of  less  than  10  feet 

in  length,  per  load   68 

Of  ten  feet  and  less  than  15  ft.  in  length,  each   68 

Of  15  feet  and  less  than  20  ft.  in  length,  each   93 

Of  20  feet  and  less  than  24  ft.  in  length,  each   1  16 

Of  24  feet  and  upward,  as  may  be  agreed  on. 

Plaster  of  Paris,  loose,  per  ton   1  16 

Salt,  for  every  20  bushels   68 

Cut  stone,  per  load   71 

Slates  or  tiles,  per  load   71 

Household  furniture,  loose,  per  load   93 

For  loading  and  unloading  and  housing  furniture  in 

the  removal  of  families,  extra  per  load   93 

Bedding  (tied  up),  chests,  trunks,  and  boxes,  per  load  75 

Cassia,  in  mats,  per  hundred  mats   50 

Anchors,  of  300  pounds  weight,  per  load   75 

Anchors  of  300  pounds  weight  and  upward,  per  100 

pounds   18 

Chain   cables  of  under  1,000  pounds  weight,  per 

load   78 


34 


Of  1,000  pounds  weight  and  upward,  per  100  pounds  11 


And  for  every  load  of  goods,  wares,  and  merchan- 


All  goods  shipped  in  bond,  double  cartage. 

Sec.  21.  It  shall  not  be  lawful  for  any  public  cartman 
to  neglect  or  refuse  to  carry  and  transport  a  good  and  suffi- 
cient load,  as  much  as  can  be  conveniently  and  safely  stowed 
on  his  cart,  or  is  reasonable  for  one  horse  to  draw,  nor  any 
article  of  less  than  two  thousand  pounds  weight,  when  re- 
quired so  to  do,  unless  he  be  then  actually  otherwise  em- 
ployed ;  and  every  public  cartman  and  public  porter  shall 
be  entitled  to  be  paid  the  legal  rate  or  compensation  al- 
lowed and  provided  in  this  chapter  immediately  upon  the 
carting  or  transportation  of  any  article  or  thing ;  and  it 
may  be  lawful  for  any  such  public  cartman  or  public  por- 
ter to  retain  any  article  or  thing  so  carted  or  transported 
by  him  for  which  he  is  not  so  paid  his  cartage,  and  to  con- 
vey the  same  to  the  office  of  the  Superintendent  of  Police ; 
and  he  shall  be  entitled  to  the  lawful  rate  of  pay  or  com- 
pensation for  the  so  conveying.  All  disputes  or  disagree- 
ments as  to  distances  or  rates  of  compensation  between 
public  cartmen  or  public  porters  and  persons  employing 
them,  or  owing  for  cartage  or  transportation,  shall  be  de- 
termined by  the  Mayor. 


Iron  hollow  ware,  per  load 
Iron  and  steel,  per  load . . 
Fish,  dry,  per  load  


78 
86 
93 


dise,  or  other  things  not  enumerated 


75 


carting         Sec.  22.  It  shall  not  be  lawful  for  any  public  cartman, 


35 


or  any  other  person,  to  cart  or  transport  through  any  of  the  J^g^ 
streets  of  said  city  any  planks,  poles,  spars,,  timber,  or  other  length, 
thing  exceeding  thirty  feet  in  length,  except  on  a  suitable 
truck  or  other  vehicle;  and  such  plank  or  other  thing  shall 
be  placed  lengthwise  thereon  so  as  not  to  project  at  either 
end  beyond  the  line  of  the  side  or  width  of  such  truck  or 
other  vehicle ;  and  all  persons  so  carting  or  transporting 
any  such  poles,  planks,  timber,  spars,  or  other  things,  in 
any  other  manner,  shall  be  deemed  guilty  of  a  violation  of 
this  chapter. 

Sec.  23.  It  shall  not  be  lawful  for  the  driver  or  other  cartmento 

attend  their 

person  having  charge  of  any  public  cart,*  dirt-cart,  or  any  cart8, 
other  vehicle,  to  be  off  or  away  from  any  such  cart,  or  any 
other  vehicle,  while  the  same  is  moving  or  passing  alngo 
any  of  the  streets  or  avenues  of  said  city ;  nor  shall  it  be 
lawful  for  any  public  cartman,  while  waiting  for  employ- 
ment at  any  place  assigned  for  his  cart  to  stand  waiting  for 
employment,  or  at  any  other  place,  to  snap  or  flourish  his 
whip,  or  to  be  away  from  his  cart,  unless  from  necessity  or 
on  business,  or  to  sit  or  stand  about  the  door-steps  or  plat- 
forms, or  in  front  of  any  house,  store,  or  other  building,  to 
the  annoyance  of  the  occupants  thereof. 


carts  in 
front  of 
cartmen's 
premises. 


Sec.  27.  Every  cartman  who  shall  be  duly  licensed  in  the  Standing  of 
city  of  New  York  shall  be  permitted  to  place  and  leave  his 
cart,  when  unemployed,  in  front  of  the  house  or  premises 
where  he  shall  at  the  time  reside,  or  in  front  of  the  stable 
where  he  shall  at  the  time  stable  his  horse  ;  provided  that 
euch  cart  shall  be  placed  on  the  street  upon  the  carriage-way 


36 


thereof  in  close  proximity  to  the  curb-stone  next  to  his  said 
residence  or  stable,  and  shall  not  extend  beyond  said  curb- 
stone any  greater  distance  than  the  width  of  such  cart,  nor  be- 
yond the  line  of  the  lot  on  which  his  said  residence  or  stable 
is  situated,  and  provided  that  such  place  of  residence  or 
stable  shall  be  specified  upon  the  license  for  such  cart. 

standing  of     Sec.  28.  Nothing  in  the  last  section  contained  shall  be 

carts  in  o 

cartmen's    construed  to  apply  to  any  vehicle  other  than  public  carts  in 

premises.  x  x  t/  «/  x 

the  city  of  New  York. 

AKTICLE  II. 
Of  Dirt-Carts. 

permission      Sec.  35.  It  shall  not  be  lawful  for  the  owner  or  driver  of 

to  remove 

obtained,  any  dirt-cart  or  any  other  vehicle,  or  for  any  other  person 
to  use  or  employ,  or  permit  to  be  used  or  employed,  any 
such  dirt-cart  or  any  other  vehicle  for  the  conveyance  or  re- 
moval of  any  dirt,  sand,  gravel,  stones,  or  other  thjng,  from 
any  of  the  streets  or  avenues  or  highways,  or  from  any  lot 
of  land  or  other  place,  or  to  dump,  deposit,  or  leave  any 
dirt,  sand,  gravel,  rubbish,  or  other  thing,  in  any  of  the 
streets  or  highways,  or  on  any  dock  or  wharf  or  on  any  lot 
or  lots  of  land  within  said  city,  without  being  duly  au- 
thorized or  permitted  so  to  do  by  the  public  officers  or  other 
person  competent  to  give  such  authority  or  permission. 

penalties.  Sec.  48.  All  persons  who  shall  violate  or  fail  to  comply 
with  any  of  the  provisions  of  this  chapter  shall  be  deemed 


37 

guilty  of  a  misdemeanor,  and  on  conviction  thereof  shall  be 
punished  pursuant  to  the  provisions  of  sections  20  and  21 
of  an  act  relative  to  the  powers  of  the  Common  Council  of 
the  city  of  New  York,  and  the  criminal  court  of  said  city, 
passed  by  the  Legislature  of  the  state  of  New  York,  Janu- 
ary 23,  1833  ;  or  in  lieu  thereof  shall  forfeit  and  pay,  for 
the  use  of  said  city,  ten  dollars  for  each  and  every  offense, 
except  where  a  penalty  is  prescribed  in  said  chapter. 

ORDINANCE 
Relating  to  Hackney-Coaches  and  Cabs. 

(Chapter  40,  page  402. — Revised  Ordinances,  1866.) 

Places  designated  by  the  Mayor  and  Commonalty  at  which 
Hackney-coaches  and  cabs  may  stand  for  hire. 

Sec.  38.  Hackney-coaches  and  carriages  may  stand  wait-  stands  for 
ing  for  employment  at  all  times,  Sundays  excepted,  at  the 
stands  herein  named,  that  is  to  say : 

1.  On  the  northerly  side  of  Chatham  street,  along  the 
Park. 

2.  In  Broadway,  around  the  Bowling  Green. 

3.  In  Barclay  street,  west  of  Washington  street 

4.  In  Pearl  street,  at  Hanover  square. 

5.  In  Maiden  lane,  southeast  of  Water  street. 

6.  In  Murray  street,  between  Washington  street  and  West 
street. 

7.  In  Hudson  street,  along  St.  John's  Park. 


38 

8.  In  Beekman  street,  southeast  of  Water  street. 

9.  In  Hudson  street,  near  the  Little  park. 

10.  In  Heade  street,  west  of  Washington  street. 

11.  In  Canal  street,  west  of  Washington  street. 

12.  In  Chatham  square. 

13.  In  Grand  street,  southeast  of  Mangin  street 

14.  In  Catharine  street,  southeast  of  Cherry  street,  after 

market  hours. 

15.  On  the  northerly  side  of  Canal  street,  east  of  Broad- 

way. 

SPECIAL  OKDINANCES  AND  RESOLUTIONS 

Relating  to  Hackney-Coaches  and  Cabs  wait- 
ing for  Hire,  to  be  driven  in  Central  Park. 

(Chapter  40,  Article  8,  page  407. — Revised  Ordinances,  1866.) 

Sec.  55.  The  several  ordinances  heretofore  passed  regu- 
lating cabs  as  distinct  and  separate  from  hackney-coaches 
shall  be,  and  the  same  are,  by  effect  hereof,  at  that  time  re- 
pealed. And  all  cabs  shall  hereafter  be  regulated,  num- 
bered, licensed,  and  in  all  respects  governed  by  the  chapter 
relative  to  hackney-coaches ;  provided,  however,  that  the 
fee  for  license  of  a  cab  drawn  by  one  horse  only  shall  be 
no  more  than  three  dollars. 

Resolved,  That  hereafter  all  hackney-coaches  waiting  for 
hire,  to  be  driven  in  the  Central  Park,  may  stand  at  all 


times,  Sundays  included,  at  the  following  places,  viz.,  in  <**•« 
Fifty-ninth  street,  from  Fifth  to  Seventh  avenue  ;  in  Sev- 
enty-second street,  between  Eighth  and  Nintn  avenues  ; 
west  side  of  Fifth  avenue,  between  Seventy-first  and  Sev- 
enty-second streets,  and  in  One  Hundred  and  Tenth  street, 
between  Fifth  and  Eighth  avenues  ;  and  be  it  further 

Resolved,  That  the  rates  of  fare  to  be  charged  for  the  use 
of  such  coaches  shall  be  as  follows:  All  around  the  Park, 
with  the  privilege  of  keeping  a  coach  two  hours,  four  dob 
lars ;  principal  parts  of  the  Park,  three  dollars  ;  to  casino 
and  lake  and  return,  two  dollars  ;  when  engaged  by  the 
hour,  two  dollars  per  hour ;  when  for  three  or  more  hours, 
each  one  dollar  and  fifty  cents  per  hour ;  and  be  it  further 

Resolved,  That  drivers*  of  coaches  hired  to  diive  in  the 
said  park  are  hereby  required  to  wear  a  badge,  to  be  dis- 
played on  the  left  breast,  in  the  shape  of  a  shield,  not  to 
exceed  two  inches  in  diameter,  and  to  have  the  number  of 
his  coach  thereon,  and  to  be  ,worn  continually  when  such 
coaches  are  waiting  for  hire. 

NUISANCES. 

Sec.  15.  No  person  or  persons  shall  throw,  cast,  or  lay  -Jgoj}^ 
any  ashes,  offal,  vegetables,  garbage,  dross,  cinders,  shells,  8treet" 
straw,  shavings,  dirt,  filth,  or  rubbish  of  any  kind  what- 
ever in  any  street,  lane,  alley,  or  public  place  in  the  City 
of  New  York— R.  0.  1866,  p.  429,  chap.  45. 


40 


fistfdeafe^i  Seo.  18.  It  is  hereby  declared  to  be  the  duty  of  the  pro- 
prietor or  possessor  of  any  foundries,  forges,  blacksmith 
shops,  oyster  stands,  and  other  places  for  the  sale  of  oysters, 
or  other  shell  fish,  to  employ  carts,  at  their  own  expense,  for 
the  purpose  of  removing  the  several  articles  enumerated 
in  the  fifteenth  section  of  this  chapter,  which  may  accumu- 
late on  their  respective  premises. — Ibid. 

fubbfsh!  Sec.  19.  The  owner  or  builder  of  any  house  or  other 
building  which  may  be  erecting  or  repairing  in  the  City  of 
New  York,  shall  cause  all  the  rubbish  of  every  kind  oc- 
casioned thereby,  which  may  accumulate  in  the  street,  or 
be  cast  into  the  street,  and  all  the  ground,  stone,  sand,  and 
clay  which  may  be  dug  from  the  cellar,  or  yard,  or  area,  or 
vault,  and  cast  into  the  street,  to  be  removed  out  of  the 
said  street  before  sunset  on  each  day,  under  the  penalty  of 
five  dollars  for  each  day's  neglect,  to  be  recovered  from  the 
owner  or  builder  severally  and  respectively. — Ibid. 

sifting  .       Sec.  22.  No  person  shall  sift  or  screen  any  lime,  ashes, 

ashes,  etc.,  J-  J  1 

shakinrg\et  dirt,  or  sand,  or  shake  any  carpet,  cloth,  or  mat  in  any 
street  in  the  City  of  New  York,  or  shall  employ  or  suffer, 
or  permit  any  person  so  to  do,  under  the  penalty  of  five 
dollars  for  every  such  offense. — Ibid. 

cinders  and     Sec.  24.  No  cinders  or  coal  ashes  of  any  description 

coal  ashes.  °  x 

shall  be  laid  or  cast  into  any  street,  lane,  or  alley  in  this 
City,  but  shall  be  delivered  to  the  ash  carts  provided  for 
the  purpose  of  receiving  the  same,  under  the  penalty  of 
three  dollars  for  each  offense,  to  be  paid  by  the  occupant  or 


« 


occupants  of  the  house  or  premises  from  which  the  same 
shall  be  cast  or  the  persons  casting  the  same  severally  and 
respectively. — Ibid. 

Sec.  25.  All  ashes  or  cinders  shall  be  kept. for  the  pur-  andersand 
pose  of  delivering  the  same  to  the  ash  carts  in  vessels  of 
tin,  iron,  or  other  metal,  under  the  penalty  of  one  dollar 
for  each  offense. — Ibid.,  p.  432. 

Sec.  33.  No  person  shall  erect  any  booth,  or  establish,  sbeii  Ash. 
or  fix  any  stand  in  any  of  the  streets  or  public  grounds  in 
the  City  of  New  York  for  the  purpose  of  opening  or  expos- 
ing for  sale,  or  selling  any  oysters  or  other  shell  fish, 
under  the  penalty  of  five  dollars  for  each  offense. — Ibid, 
p.  433. 

Sec.  34.  No  person  shall  erect  any  booth  or  establish  Booths  aDd 

*■  J  stands  in 

any  stand  in  the  streets  or  public  grounds  in  the  City  of  the  street3- 
New  York,  for  the  purpose  of  exposing  for  sale,  or  selling 
any  kind  of*  provisions,  or  any  goods  of  any  description 
whatever,  under  the.  penalty  of  five  dollars  for  each 
offense. — Ibid.,  p.  433. 

Sec.  35.  No  cart,  wagon  or  other  vehicle  in  or  upon  swiii  carts, 
which  there  shall  be  any  box,  hogshead,  barrel,  cask,  or 
other  vessel  used  or  intended  to  be  used  for  the  purpose 
of  containing  or  conveying  the  article  commonly  called 
swill,  shall,  when  not  in  actual  use,  incumber  or  stand  in 
any  of  the  streets,  lanes  or  alleys  in  the  City  of  New  York, 
under  any  pretense  whatever,  under  the  penalty  of  five 
dollars  for  each  offense ;  to  be  recovered  from  the  owner  or 


42 


person  having  charge  of  any  such  cart,  wagon  or  other 
vehicle,  severally  and  respectively. — Ibid.,  p.  434. 

§S£ce.of  Sec.  47.  No  person  shall  expose  in  any  of  the  streets, 
lanes,  avenues,  or  public  places  in  the  City  of  New  York 
any  table,  or  device  of  any  kind  whatever,  upon  or  by 
which  a  game  of  chance  or  hazard  can  be  played,  or  shall 
play  at  or  upon  any  such  table  or  device,  under  the  pen- 
alty of  twenty-five  dollars  for  every  such  offense. — Ibid., 
p.  436. 


quacks,  etc. 


nottcSf  of  Sec.  51.  No  person  shall  place,  or  post,  or  cause,  or  permit 
to  be  placed  or  posted  in  any  street  in  the  City  of  New  York 
any  handbill  or  advertisement  giving  notice  of  any  person 
having  or  professing  to  have  skill  in  the  treatment  or 
curing  of  any  disorder,  or  disease,  or  giving  notice  of  the 
sale  or  exposure  to  sale  of  any  nostrum  or  medicine, 
under  the  penalty  of  twenty -five  dollars  for  every  such 
offense. — Ibid.,  p.  436. 


43 


ARTICLE  in. 

Of  the  Bureau  of  the  Corporation  Attorney. 

Seo.  20.  This  Bureau,  the  chief  officer  of  which  shall  be  corporation 

attorney's 

called  the  Corporation  Attorney,  is  charged  with  the  prose-  bureau- 
cution  of  all  actions  for  violations  of  the  ordinances  of  the 
Common  Council,  or  arising  under  the  Charter  of  the  City, 
or  under  the  laws  of  this  State,  where  a  penalty  is  given  to 
the  Corporation,  or  to  the  Overseers  of  the  Poor,  or  to  the 
Almshouse,  and  with  the  conducting  of  all  the  proceed- 
ings before  justices  or  upon  appeal  in  relation  to  bastardy 
cases,  and  the  prosecution  of  bastardy  and  abandonment 
bonds. — R.  O.  1866,  p.  141. 

Sec.  22.  He  shall  institute  an  action  in  any  of  the  cases  corporation 

J  attorney 

mentioned  in  section  20  of  this  chapter,  when  instructed  power8' 
to  do  so  by  the  Common  Council,  or  the  chief  officer  of 
any  department  or  bureau,  or  upon  the  complaint  of  any 
other  person,  when,  in  his  judgment,  the  public  interest 
requires  that  the  same  shall  be  prosecuted — R.  O.  1866, 
p.  141. 

Sec.  23.  He  may  compromise  with  the  party  complained 
of  either  before  or  after  an  action  shall  have  been  brought 
for  any  violation  of  an  ordinance  of  the  Common  Council, 
where  the  penalty  does  not  exceed  twenty-five  dollars,  and 
where,  in  his  judgment,  the  public  interest  does  not  require 
that  an  action  should  be  prosecuted  therefor — R  0.  1866, 
p.  142. 


44 


CHAPTEK  724. 

AN  ACT  to  define  the  powers  of  the  Corporation  At- 
torney of  the  City  of  New  York  in  suits  for  fines  and 
penalties.    Passed  April  26,  1871. 

The  People  of  the  State  of  New  York,  represented  in 
Senate  and  Assembly,  do  enact  as  follows  : 

attopr0neaytion  Sec.  1.  The  Corporation  Attorney  of  New  York  City 
shall  exclusively  recover  and  sue  for  penalties  and  fines, 
and  in  the  name  of  the  Mayor,  Aldermen,  and  Common- 
alty of  said  City,  on  account  of  any  omission  or  neglect  of 
any  person  to  perform  any  act  for  which,  by  law  or  ordin- 
ance, a  permission  may  be  obtained  by  such  party  from  an 
Alderman  or  Assistant  Alderman,  or  any  head  of  an  Ex- 
ecutive Department  of  the  Corporation  of  the  City  of  New 
York ;  and  the  Corporation  Attorney,  after  deducting 
from  the  amount  of  the  recovery  his  proper  costs  and 
charges,  shall  pay  the  same  to  the  credit  of  the  sinking 
fund,  but  in  no  case  hereafter  shall  there  be  charged  any 
greater  fee  than  fifty  dollars  for  the  obtaining  any  license 
from  any  head  of  Executive  Department  of  the  City  of 
New  York,  rendered  obligatory  by  any  law  or  ordinance. 


45 


Powers  of  Street  Commissioner,  Commission- 
ers of  Public  Works  and  Powers  and  Duties 
of  Superintendent  and  Inspectors  of  Incum- 
brances. 

The  Common  Council  of  the  City  of  New  York,  by  ordi-  mi. 
nance  at  different  times  since  October  5th,  1831,  vested 
in  the  Street  Commissioner  jurisdiction  over  the  subject- 
matter  of  street  obstructions  and  incumbrances,  and  also 
gave  him  power  to  carry  into  effect  and  enforce  certain  or- 
dinances relative  to  obstructions  and  incumbrances  on 
streets  and  sidewalks. 

Street  Commissioners  Department  created  and  Street  Com-  0ct.  5,  i83i. 
missioner  authorized  to  remove  timber  or  other  things  with  StoS11 

c  Depart- 

which  any  of  the  streets  or  wharves  may  be  encumbered,  created, 
and  to  prevent  encroachments  on  streets  or  roads,  etc. 

An  Act  relative  to  the  Ordinances  of  the  Common  jCouncil 
of  the  City  of  New  York.    Passed  April  6,  1837. 

The  People  of  the  State  of  New  York,  represented  in 
Senate  and  Assembly,  do  enact  as  follows : 

Sec.  1.  All  ordinances  heretofore  passed  by  the  Common 
Council  of  the  City  of  New  York  and  now  in  force,  and  all 
ordinances  hereafter  to  be  passed  by  the  said  Common 
Council,  shall  remain  and  continue  in  force  until  the  same 
shall  be  repealed. 


1887. 
Ordinance. 


• 


46 


1838, 1839.      Mayor,  Street  Commissioner,  and  members  of  the  Com- 

Persons  J  7 

to  pharmZitd  mon  Council,  were  authorized  to  permit  and  remove  ob- 

and  remove 

tioSnsuc"     structions  on  streets,  wharves  and  piers. — R  0.  1838  and 
1839,  p.  192. 

rota1845         Same  powers  were  vested  with  same  persons. — R.  O. 
1845,  pp.  288  and  289.. 

1849.         By  legislative  action  all  executive  power  was  taken  from 

Executive  J      °  * 

?aken  from  the  Common  Council.    Charter  1849. 

Common 
Council. 

1859.         The  Mayor  and  Street  Commissioner  were  authorized  to 

Mayor  and 

m?ssio\?e°rm~  permit  obstructions  on  streets,  wharves  and  piers. — R  0. 

to  permit 

obBtruo-     1859,  p.  279. 
1859.         The  Street  Commissioner  was  directed  to  remove  any 

Street  Com-  J 

to  remove    article  or  thing  whatsoever  which  might  encumber  or  ob- 

obstruc- 


Street  Com- 
missioner 


struct  a  street,  avenue,  wharf  or  pier  in  the  City  of  New 
York. — R  O.  1859,  p.  85. 

The  Street  Commissioner  was  directed  to  report  obstruc- 
^eporetr    tions  to  Corporation  Counsel  or  Attornev  for  Prosecution. — 

obstruc-  + 

Stion  R.  0.  1859,  p.  83. 

attorney. 

Note.— This  Ordinance  was  in  force  in  1866— R  0.  1866, 
Section  21,  p.  98 — and  still  remains  in  force. 

The  Major  and  Street  Commissioner  were  authorized  to 
permit  obstructions  on  streets,  wharves  and  piers. — R  O. 
1866,  p.  272. 


Mayor  and 
Street  Com- 
missioner 
to  permit 
obstruc- 
tions. 


The  Mayor  was  especially  vested  with  the  power  (here- 
tofore exercised  by  the  Mayor )  Aldermen  and  Commonalty,  or 


47 


by  the  Street  Commissioner)  to  issue  permits  for  show  stands,  ^ 
show  cases,  signs,  stairways,  hoistways  and  deliveries,  and  to  toSmlf 

show 

remove  all  privileges,  stands,  signs,  stairways  or  hoistways  sna0n^sc'a9es 
which  may  have  been  erected  without  permit  under  the  ways,'ho£t 

J  *■  ways  and 

provision  of  that  ordinance. — R  0.  1866,  sec.  1,  3,  pp.  eivenes- 
283,  284. 

Privileges  and  permits  heretofore  granted  by  Mayor,  wee. 
Aldermen  and  Street  Commissioner,  rescinded.—  R  0. 1866,  v*i<ktk* 
sec.  9,  p.  285. 

Ordinances  conflicting  rescinded. — R  0.  1866,  sec.  9, 
p  285 


Ordinances 

conflicted 

rescinded. 


The  Street  Commissioner  shall  present  and  report  to  the  me- 

L  1  Street  Com- 


Counsel  or  Attorney  of  the  Corporation  all  encroachments  Report 
on  the  streets  or  avenues  in  the  City  of  New  York  which 


encroach- 
ments to 
corporation 

may  be  brought  to  his  notice,  or  take  such  other  action 
thereon  as  may  be  prescribed  by  ordinance  in  relation 
thereto. — R  0.  1866,  p.  96,  sec.  14. 

He  (Street  Commissioner)  may  direct  the  removal  of  any  mbb. 

J        J  May  direct 

article  or  thing  whatsoever  which  may  encumber  or  obstruct  0bTt?u£-of 
a  street  or  avenue,  wharf  or  pier,  in  the  City  of  New  York, 
under  the  penalties  prescribed  by  law. — R  O.  1866,  sec. 
21,  p.  98. 

In  all  cases  where  provision  is  made  by  ordinance  that  1866- 

r  J  Street  Com 


authorize  any  act  to  be  done, -he  may  grant  permits  there- 
for, subject  to  the  restrictions  of  the  ordinances  in  relation 
thereto.— R  0.  1866,  p.  96,  sec.  16. 
4 


may  grant 
permits. 


48 


1866. 
May  re- 
move ob- 
structions 
not  per- 
mitted. 


The  Street  Commissioner  was  directed  to  remove  all 
street  stands,  show-cases,  signs,  or  stairways  or  hoistways 
over  the  sidewalks,  the  owners  of  which  had  failed  to  com- 
ply with  ordinance  of  February  24,  1866.  R.  0.  1866, 
sec.  9,  p.  285. 

Mayor  and  Street  Commissioner  authorized  to  permit 
obstructions  on  street. — Joint  proceedings  C.  C.  1867,  p.  6. 


Sec.  22.  He  (Street  Commissioner)  is  authorized  and 


Street  Com- 
missioner 

to  appoint   directed  to  employ,  under  his  direction,  four  competent 


persons 


the  duty  of  whom  it  shall  be  to  re- 
port to  the  Street  Commissioner  any  article  or  thing  what- 
soever which  may  encumber  or  obstruct  a  street,  avenue 
or  place,  and  with  his  (Street  Commissioner's)  consent  to 
order  the  same  to  be  removed ;  and  if  not  removed  within 
twenty-four  hours  thereafter,  to  order  the  same  to  be 
removed  to  the  yard,  under  the  care  of  the  Deputy  Super- 
intendent of  Repairs  and  Supplies,  or  other  suitable  place. — 
R.  0.  1866,  p.  98. 


Articles 
removed 
may  be 
redeemed. 


To  keep 
list  of 
articles 
removed. 


Sec.  25.  All  articles  removed,  as  provided  in  Section  22 
of  this  chapter,  may  be  redeemed  by  the  owner  upon  his 
paying  to  the  Street  Commissioner,  for  the  use  of  the  Cor- 
poration, the  necessary  expenses  of  removal,  together  with 
six  cents  per  day  for  every  cart  load  thereof  during  the 
time  it  shall  remain  unclaimed. — R.  0.  1866,  p.  99. 

Sec.  26.  The  Street  Commissioner  shall  enter  in  a  book, 
to  be  provided  for  that  purpose,  a  list  of  all  articles  so 
removed,  with  the  time  of  removal,  and  the  expenses 


49 


thereof,  and  when  the  same  shall  be  redeemed,  he  shall  like- 
wise enter  therein  the  name  of  the  person  redeeming  the 
same,  and  the  amount  received  therefor,  and  shall  render  a 
certified  account  thereof  to  the  Comptroller  on  Thursday  of 
each  week,  and  shall  thereupon  pay  over  the  amount  so 
received  to  the  Chamberlain.  He  shall,  also,  thereupon 
receive  from  the  Chamberlain  duplicate  vouchers  for  the ' 
payment  thereof,  one  of  which  he  shall  on  the  same  day  file 
in  the  office  of  the  Comptroller. 

Sec.  27.  He  shall,  between  the  first  and  tenth  days  of  Advertise 

J  and  sell 

February,  May,  August  and  November,  in  each  year,  ad-  removed, 
vertise  and  sell  at  public  auction  all  such  articles  so  removed 
as  shall  have  been  in  the  public  yard,  or  other  suitable 
place,  one.  month  prior  to  the  time  of  advertising,  and  he 
shall,  immediately  after  such  sale,  account  for  and  pay  the 
proceeds  thereof  into  the  City  Treasury  in  the  manner  pro- 
vided in  the  last  section. 

Sec.  28.  Should  the  proceeds  of  such  sale  exceed  the  Excess  of 

sale  to  be 

expenses  of  transportation  and  sale,  together  with  the  o^ier. 
amount  charged  for  storage,  the  excess  shall  be  paid  to  such 
person  or  persons  as  shall  exhibit  to  the  Street  Commis- 
sioner satisfactory  proof  of  the  ownership  of  the  articles  to 
which  the  same  relates ;  and  the  Comptroller,  on  the  cer- 
tificate of  the  Street  Commissioner,  is  authorized  to  draw 
his  warrant  in  favor  of  such  persons  for  the  amouDt  which 
may  be  due  to  them. 


50 


Powers  of  Street  Commissioners  transferred  to  the  Commis- 
sioner of  the  Department  of  Public  Works. 

SSnSof       By  an  act  of>  tne  Legislature  passed  April  26,  1870,  the 
works.      powers  and  duties  of  the  Street  Commtssioner  was  conferred 
upon  and  vested  in  the  Commissioner  of  Public  Works. 

(Session  Laws,  1870,  Chapter  137,  Article  8,  Ssction  77). 


Bureau  of 
Incum- 
brances 
created. 


Bureau  of  Incumbrances  created  in  the  De- 
partment of  Public  Works,  April  18,  1871. 

Bureau  of  Incumbrances. 

This  bureau  was  created  by  an  act  of  the  Legislature  of 
the  State  of  New  York,  passed  April  18, 1871,  as  a  bu- 
reau in  the  Department  of  Public  Works,  as  follows : 

"  Section  79  of  the  act  passed  April  26,  1870  (entitled  An 
Act  to  reorganize  the  local  Government  of  the  City  of  New 
York)  is  hereby  amended  by  adding  thereto  the  following 
subdivision :  " 


Powers. 


A  Bureau  for  the  removal  of  Incumbrances  on  the  streets 
or  sidewalks,  the  chief  officer  of  vjhich  shall  be  called  the  Super- 
intendent of  Incumbrances,  to  whom  all  complaints  relating 
to  the  removal  of  incumbranaces  shall  be  made,  and  by  whom 
such  incumbrances  shall  be  removed. 


Powers  and  Powers  and  Duties  of  the  Superintendent  of  Incumbrances. 

duties  of 


Prepare 
blanks. 


1.  To  prepare  all  necessary  printed  blanks,  blank  books, 
notices,  orders,  permits,  and  other  papers. 


51 


2.  Issue  orders  and  regulations  for  the  proper  transaction  issue  . 

0  11  orders,  &c 

of  the  business  of  the  Bureau. 

3.  Keceive  complaints  from  Inspectors  and  other  persons,  Receive: 

x  x  x  complaints 

relating  to  obstructions  and  incumbrances  of  streets  recdofds.p 
or  sidewalks,  keep  such  records  or  books  of  the 
operations  of  such  bureau  as  may  be  required  by 
the  Commissioner  of  Public  Works,  or  by  law  and 
ordinance,  and  receive  application  to  cut  down  trees. 

4.  Issue  orders  for  the  removal  of  unlawful  obstructions  Remove  ob- 

structions 

and  incumbrances  on  streets  and  sidewalks  to  Cor-  permit".6 
poration  Yard,  or  other  suitable  place ;  issue  per- 
mits for  awnings,  and  permits  for  building  and 
other  temparary  obstructions  of  streets,  and  notify 
owners  and  others  to  repair  sidewalks,  curb  and 
gutter- stones  according  to  law  and  ordinance. 

5.  He  shall  report  to  the  Commissioner  of  Public  Works  Report  im- 

proper acts. 

any  unlawful  or  improper  acts  of  any  person  or  per- 
sons attached  to  the  bureau. 


6.  He  shall  keep  true  and  accurate  accounts  of  all  mat-  Keep 

accounts. 

ters  appertaining  to  his  bureau,  and  when  required 
make  a  full  and  detailed  statement  of  all  matters  re- 
garding the  same. 

7.  He  shall  exercise  a  constant  inspection  and  supervision  Exercise 

inspection 

of  the  condition  of  the  streets,  avenues,  and  side-  v°s<iosn.per" 
walks,  and  shall  from  time  to  time  suggest  and  re- 


52 


port  to  the  Commissioner  of  Public  Works  such 
changes  of  the  Inspectors,  improvement  or  alteration 
of  the  rules  and  regulations  relating  to  the  working 
of  the  bureau  as  he  may  deem  necessary  and  proper. 


Under  di- 
rection of 
Commis- 
sioner. 


8.  He  shall  (as  well  as  all  inspectors)  in  all  matters  con- 
nected with  the  bureau  be  under  the  control,  di- 
rection and  supervision  of  the  Commissioner  of  Pub- 
lic Works. 


Enforce 

laws  and 
report  vio- 
lations to 
Mayor  and 
Corporation 
Attorney. 


9.  The  superintendent  is  especially  charged  with  the  duty 
of  attending  to  the  enforcement  of  all  laws  of  this 
State,  and  ordinances  and  resolutions  of  the  Common 
Council  relating  to  incumbrances  and  obstructions 
on  streets  and  sidewalks  in  the  city  of  New  York, 
and  is  required  from  time  to  time  to  report  to  the 
Mayor  and  Corporation  Attorney  violations  thereof, 
by  any  individual,  company  or  corporation. 


Keep 

account  of 
expendi- 
tures. 


Superin- 
tend repair- 
ing side- 
walks. &c. 


10.  He  shall  cause  to  be  kept  in  his  bureau  accounts  of 
the  time  of  all  persons  to  be  paid  by  wages  for  work 
done  under  the  supervision  of  his  bureau  and  of  the 
work  upon  which  they  are  engaged,  and  of  all  the 
other  expenditures  of  his  bureau  and  of  the  ex- 
pense of  each  particular  work  or  job,  with  the  items 
thereof  and  superintend  the  repairing  of  sidewalks, 
curb  and  gutter  stones,  where  failure  is  made  after 
due  and  legal  notice  is  given. 


11.  The  superintendant  is  authorized  to  release  to  the 


53 


owner  articles  taken  to  the  Corporation  yard  upon 
satisfactory  proof  of  ownership  and  upon  payment 
of  expenses  of  removal,  &c,  and  the  amount  so 
received  to  be  paid  over  to  the  city  chamberlain, 
and  to  return  vouchers  therefor. 

12.  The  superintendant  shall  superintend  all  sales  made  superin- 

tend  sales 

of  goods  wares  or  merchandise  removed  by  him  to  uon0Ya?d?" 
the  Corporation  Yard  or  other  place  and  make  re- 
turns and  report  as  required  by  ordinance. 

13.  The  superintendant  shall  advertise  and  sell  at  public  £jJjjg}M 
auction  all  articles  removed  to  Corporation  yard,  at 

such  time  or  times  as  required  by  Corporation 
ordinance,  and  the  proceeds  of  such  sales  to  be 
paid  to  the  comptroller. 

14.  And  to  generally  perform  all  such  other  or  further  General 

°  J  1  duties.  • 

duty  or  duties  as  he  may  be  directed  to  do  or  per- 
form by  the  Commissioner  of  Public  Works  or  by 
law  and  ordinance. 

Inspectors  of  Obstructions  and  Incumbrances  on  Streets  inspectors, 
and  Sidewalks.   Their  Powers  and  Duties. 

1.  The  inspectors  are  authorized  and  required  to  report  to  report 

obstruc- 
ts the  superintendant  any  article  or  thing  whatsoever  tions- 

which  may  incumber  or  obstruct  any  street,  sidewalk, 

avenue  or  place  in  the  city  of  New  York. 

2.  They  are  empowered  to  remove  or  cause  to  be  re-  To  remove 

on  order. 

moved  all  obstructions  and  incumbrances  on  streets 


54 


and  sidewalks  upon  orders  signed  by  the  super- 
intendent. 


Berve 

notices,  &c. 


3.  They  are  directed  and  required  to  serve  all  notices  and 
orders,  and  make  daily  reports  of  their  operations  and 
perform  such  other  duties  and  at  such  other  time 
or  times  as  may  be  required  by  the  superintendent. 


Keep  me- 
moranda. 


4.  They  are  required  to  enter  into  a  book  (to  be  kept  for 
purpose)  a  memoranda  of  all  violations  of  law  or 
ordinance  reported  by  them,  the  notices  or  orders 
served  by  them,  the  time  of  service,  upon  whom,  and, 
if  obstructions  removed,  the  cart  number,  the  place 
or  premises  removed  to,  the  expenses  of  removal, 
and  generally  a  statement  of  all  acts  done  or  per- 
formed by  him  or  them. 


Report 
side-walks, 
&c,  need- 
ing repairs. 


5.  Inspectors  are  also  required  to  report  to  this  office,  all 
sidewalks,  curb  and  gutter  stones  out  of  order  and 
needing  repairs. 


Persons  Authorized  to  Issue  Temporary  Per- 
mits to  Obstruct  Streets  and  Sidewalks. 

Permits  to  be  Issued  by  the  Mayor,  authorized  bo  the 
Common  Council,  February,  1866. 

caselllow  -^or  snow  cases,  stands  for  the  sale  of  newspapers,  fruit, 
stands,  &c.  k00ks^  or  0tber  merchandise,  article,  or  thing  whatsoever, 


/ 


55 

for  puiting  out  signs,  or  for  the  receipt  or  delivery  of 
goods  across  the  sidewalks,  or  for  the  erection  of  stair- 
ways or  hoist- ways  over  the  sidewalk  within  stoop  line. 

Note. — The  permits  now  issued  by  the  Mayor  for  show  cases,  stands  for 
the  sale  of  newspapers,  fruit,  books  or  other  merchandise  are  only 
intended  to  allow  the  stands  to  be  placed  in  front  of  the  house  or 
building,  and  within  the  stoop  line. 

Any  Incumbrance  or  obstruction  of  the  sidewalk  outside  of  the  stoop 
line  should  be  reported. 

The  permits  issued  for  the  receipt  or  delivery  of  goods  across  the  side- 
walk are  only  intended  to  allow  the  use  of  such  sidewalks  during  the  time 
necessarily  required,  and  no  longer,  and  not,  in  any  case,  to  exceed  five 
minutes. 


Permits  to  be  Issued  by  the  Commissioner  of  Public  Works, 
Authorized  by  the  Common  Council 

Balustrades  projecting  beyond  the  street  line,  Iron  or  Baius- 
wooden  post,  or  awning  post,  or  railing.  p08t8. 


Building  or  other  permits  to  temporarily  encumber  the  Building 
street.  ESSE?* 


Permits  to  be  Issued  by  the  Superintendent  of  Buildings- 
Act  of  the  Legislature,  passed  April  20,  1871, 
Chapter  625,  Section  23. 

Frame  or  wooden  buildings,  shed,  extension  stair-way,  wooden 

&  '  ;  J'  buildings, 

stoop,  balcony,  piazza,  platform,  bay  or  oriel  window,  or  8hed8' &c- 
signs  over  two  feet  in  height. 


56 


Permitted  Obstructions  on  the  Streets  and  Sidewalks 
which  need  not  to  be  reported. 

Permitted  Hydrants,  ornamental  or  other  lamp-post,  telegraph 
post,  awning  posts,  horse- troughs,  licensed  carts  and  ex- 
press wagons  standing  in  front  of  owner's  residence,  bay- 
windows,  (cases,  stands,  etc.,  inside  of  stoop  lines)  lawfully 
erected  or  permitted. 


SYNOPSIS 

OF  OBSTRUCTIONS  AND  INCUMBRANCES  ON  STREETS 
AND  SIDEWALKS. 

(Commissioner  of  Public  Works.) 

Commissioner  of  Public  Works  to  report  encroachments 
to  Corporation  Attorney,  sec.  14  p.  47. 

Commissioner  of  Public  Works  may  grant  permits,  sec. 
16,  p.  47. 

Commissioner  of  Public  Works  may  direct  removals  of 
obstructions  and  incumbrances,  sec.  21,  p.  47. 

Commissioner  of  Public  Works  may  appoint  inspectors 
to  report  obstructions,  etc.,  sec.  22,  p.  48. 


57 


Articles  removed  may  be  redeemed,  sec.  25.  p.  48. 

Commissioner  of  Public  Works  to  keep  book  of  list  of 
articles  removed,  expenses,  etc.,  sec.  26,  p.  48. 

Advertise  and  sell  articles  removed,  sec.  27,  p.  49. 

Excess  of  sale  to  be  paid  to  owner,  etc.,  sec.  28,  p.  49. 

Obstructions  on  Streets. 

Carts,  trucks,  carriages  or  other  wheel  vehicles,  building 
materials,  stone,  brick,  lumber,  lathes,  cement,  sand,  mor- 
tar, lime,  rubbish,  manure,  ashes,  oyster  shells,  stands, 
and  every  oilier  thing  ivhich  may  incumber  and  obstruct  a 
street,  sec.  23,  p,  9. 

Obstructions  of  Sidewalks. 

Ash  barrels,  boxes,  booths,  bales,  barrels,  bags,  crates, 
shells,  shutters,  paper,  meat,  fruit,  fish,  OR  ANY  KIND  OF 
stands,  or  standing  signs,  skids  across  or  lying  on  side- 
walks, show-boards,  dry  goods  or  merchandise,  or  property 
of  any  kind,  which  mav  incumber  or  obstruct  the  side- 
walk, sees.  27,  28,  34,  15,  pp.  10,  12,  39. 

Cask,  bale,  bundle,  box,  crate  or  other  goods,  boards, 
planks  and  raised  outside  buildings,  sec.  33,  p.  11. 

Leading,  driving  or  riding  horse,  dragging  any  wheel  or 


58 


hand-barrow,  sawing  any  wood,  laying  or  placing  any  wood 
or  coal,  or  any  goods,  wares,  etc.,  on  sidewalk,  sec.  34,  p. 
12. 

Horse,  cart  or  carriage,  driving  hack  or  leading  on  side- 
walk, sec.  35,  p.  12. 

Carts  or  carriages  permitted  to  go  upon  sidewalk  to  load 
and  unload  goods,  sec.  36,  p.  12. 

Paving;  and  Repaying,  etc.,  of  Streets. 

Persons  paving  streets,  etc.,  to  remove  dirt  within  twelve 
days,  sec.  5,  p.  18. 

Persons  paving  over  pipes  to  remove  dirt  within  six 
days,  sec.  5,  p.  18. 

Persons  neglecting  to  remove  liable  to  fine,  sec.  6,  p.  18. 

Persons  scattering  dirt,  rubbish,  etc.,  in  street  liable  to 
fine,  sec.  7,  p.  19. 

Barriers  to  Prevent  Accidents. 

Every  person  digging  down  street  to  erect  fence  or  rail- 
ing and  keep  light  burning  during  the  night,  sec.  1  and 
2,  p.  22. 


Erect  fence  to  prevent  danger,  sec.  3,  p.  23. 


69 

Passage  way  to  be  left  across  street,  sec.  3,  p.  23. 

Across  carriage  way  at  each  end,  sec.  3,  p.  23. 

When  erecting  "  a  well "  to  enclose  the  same,  sec. 
3,  p.  24. 

Building  vaults,  enclose  the  ground  taken,  sec.  3, 
p.  24 

Building  materials  to  be  fenced  around  and  lights  to 
be  kept  burning,  sec.  3,  p.  23. 

Duty  of  Inspectors  to  report  violations,  sec.  6,  p.  24. 

Fences  and  railing  to  be  put  up  when  work  done  by 
Common  Council,  sec.  9,  p.  25. 

Flagging  and  Repairing  Sidewalks,  etc. 

No  sidewalk  to  be  taken  up  without  permission  of  Com- 
missioner of  Public  Works,  sec.  7,  p.  19. 

Owner  and  occupants  of  houses  to  keep  sidewalk,  curb 
and  gutter  in  good  repair,  sec.  14,  p.  19. 

Default  of  owners,  etc.,  to  repair,  to  be  done  by  Com- 
missioner of  Public  Works  upon  notice,  sec.  15  and  16, 
p.  20. 

Expense  to  be  paid  out  of  fund  for  appropriation  for 
sidewalks,  sec.  17,  p.  21. 

Penalty  and  costs  to  be  recovered  from  owner,  sec. 
18,  p.  21. 


60 


Sidewalk,  Curb,  and  Cutter  Stones. 

No  sidewalk  to  be  taken  up  without  permission,  sec. 
7,  p.  19. 

No  flagging  to  be  removed  without  permission,  sec. 
7,  p.  19. 

Owners,  lessees,  or  occupants  to  flag  sidewalks,  curb, 
and  gutter  stones,  sec.  14,  p.  19. 

Owners,  lessees  and  occupants  to  keep  in  repair,  sec. 
14,  pp.  19,  20. 

Complaints  against  defective  sidewalks  to  be  made  to 
Commissioner  of  Public  Works,  sec.  15,  p.  20. 

Commissioner  of  Public  Worke  to  serve  notice  to  re- 
pair, sec.  15,  p.  20. 

Ten  days'  notice  to  be  given,  sec.  15,  p.  20. 

Owner,  lessee  or  occupant  neglecting  to  repair  to  be 
done  by  Commissioner  of  Public  Works,  sec.  16,  p.  20. 

Without  contract  of  less  than  $1,000,  sec.  16,  p.  20. 

Amount  to  be  paid  out  of  appropriation  for  sidewalks, 
sec.  17,  p.  21. 

Commissioner  of  Public  Works  to  report  facts  .to  Cor- 
poration Attorney,  sec.  18,  p.  21. 

Corporation  to  commence  suit  for  costs  and  penalty, 
sec.  18,  p.  21. 

Corporation  Attorney  to  return  moneys  recovered  to 
Comptroller,  sec.  19,  p.  21. 


61 


Auctioneers,  etc. 

Auction  sales  in  certain  streets  authorized,  sees.  1,  2,  pp. 
25,  26. 

No  sales  between  9  A.  K  and  2  p.  m.,  sec.  2,  p.  26. 

Auctioneer  to  obtain  consent,  sec.  3,  p.  26. 

Carriages  and  animals  not  to  be  sold  in  streets,  sec.  6,  p.  27. 

Articles  sold  to  be  removed  during  the  day,  sec.  7,  p.  27. 

Flags  permitted  to  attract  attention,  sec.  8,  p.  27. 

Auctioneer  not  to  sell  any  dry  goods,  hardware,  wooden- 
ware,  or  tinware  by  retail  in  streets,  sec.  9,  p.  28. 

Auctioneer  not  to  sell,  or  expose  for  sale,  at  public  auction, 
any  goods,  wares,  or  merchandise,  or  other  property,  to 
person  or  persons,  who  at  the  time  of  bidding  or  examining 
the  same  shall  be  on  the  sidewalk  or  street,  sec.  10,  p.  28. 

Exceptions.    See  sec.  11,  p.  28. 

No  meat,  fish,  or  food  to  be  sold  in  public  streets.  See 
sec.  12,  p.  28. 

Farmers  selling  produce  excepted.     See  sec.  12,  p.  28. 
Furniture,  goods,  wares,  and  merchandise  not  to  be  sold 


.  62 

on  sidewalk  in  Chatham  square,  between  James  and  Cathe- 
rine streets.    See  sees.  15  and  18,  p.  29. 

No  tin,  earthern,  china,  or  glassware,  or  goods,  wares, 
or  merchandise  of  any  kind  allowed  to  be  sold  in  any 
street,  sec.  19,  p.  30. 


Cartman. 

Mayor  may  assign  stand  to  cartman  (night  and  day),  sec. 
10,  p.  30. 

Officer  authorized  to  remove,  sec.  11,  p.  31. 

Cartman  to  give  his  number  upon  demand,  sec.  12,  p.  31. 

Cartman  not  allowed  to  drive  or  back  on  side  or  cross- 
walk, nor  place  cart  crosswise  of  street  except.  See  sec. 
14,  p.  31. 

Rates  or  fees  allowed  cartmen,  sec.  20,  p.  32. 

Cartman  not  allowed  to  refuse  to  cart  goods.  See  sec.21, 
p.  34. 

Cartman  not  allowed  to  cart  plank,  poles,  etc.    See  sec. 

22,  p.  34. 

Cartman  not  allowed  to  be  away  from  his  cart.    See  sec. 

23,  p.  35. 


63 


Cartman  and  expressman  allowed  to  leave  cart  in  front  of 
premises.    See  sec.  27,  p.  35. 

No  other  vehicle  allowed.    See  sec.  28,  p.  36. 

No  dirt  cart  or  other  vehicle  allowed  to  dump,  deposit, 
or  leave  dirt,  gravel,  sand,  etc.,  on  any  street  without  law- 
ful permit,  etc.    See  sec.  35,  p.  36. 

Penalties,  sec.  48,  p.  36. 

Carriages,  Hackney-Coaches,  Cabs,  etc. 

Hackney-coaches  allowed  waiting  stand,  sec.  38,  p.  37. 

Cabs  under  same  rules  and  regulations.  See  sec.  55, 
p.  38. 

Carriages  around  Central  Park.  See  sec.  55  (Resolu- 
tions), pp.  38,  39, 


5 


64 


Nuisances. 

No  person  to  throw  garbage,  ashes,  shells,  etc.,  in  streets, 
alleys,  etc.,  sec.  15,  p.  39. 

Proprietors  of  foundries,  oyster  stands,  etc.,  to  employ 
carts  to  remove  ,  sec.  18,  p.  40. 

Rubbish  carted  into  street  to  be  removed  before  sunset, 
sec.  19,  p.  40. 

No  person  shall  sift  lime,  ashes,  etc.,  in  street,  sec.  22, 
p.  40. 

Coal  ashes,  cinders,  etc.,  not  be  laid  or  carted  into  street, 
sec.  24,  p.  40. 

Ashes  or  cinders  to  be  kept  in  tin,  iron,  or  metal  vessels, 
sec.  25,  p.  41. 

Stands  and  booths  for  sale  of  oyster  or  shell  fish  on 
streets  not  allowed,  sec.  33,  p.  41. 

Stands  or  booths  for  exposing  for  sale  provisions  or 
goods  of  any  description  whatever,  not  allowed,  sec.  34, 
p.  41. 

Swill  cart  not  allowed  to  stand  in  street,  sec.  35,  p.  41. 

Table  or  device  of  no  kind  for  game  of  chance  allowed 
on  street,  sec.  47,  pi  42. 

Handbill  or  advertisement  (quack  medicine)  not  allowed 
to  be  posted,  sec.  51.  p.  42. 


65 


Awnings. 

The  Commissioner  of  Public  Works  is  authorized  to 
permit  the  erection  of  telegraph  posts,  awning  posts,  or 
other  posts  in  the  streets  or  sidewalks  in  the  City  of  New 
York. — R.  O.  1866,  pp.  274,  275,  sections  13, 14. 

Awning  Posts  (Wooden) — Allowed  to  be  erected. 
Posts  not  to  exceed  9  inches  in  diameter. 
Cross-rail  not  to  exceed  7  inches  in  width  or  height. 
Cross-rail  not  to  exceed  4  inches  in  thickness. 
Posts  to  be  placed  to  and  along  inside  of  the  curb  stone. 
Rail  on  upper  side  not  to  be  less  than  8  nor  more  than  10  feet  in  height 

above  the  sidewalk. 
Cross-rail  to  be  strongly  mortised  through  the  upright  posts. 

*  R.  0.  1866,  p.  275,  section  15. 

Commissioner  of  Public  Works  is  required  to  order  and 
direct  all  awnings  not  erected  according  to  law  to  be 
removed.  And  in  case  of  non-compliance,  the  party  refus- 
ing is  liable  to  a  penalty. — R.  O.  1866,  p.  275,  section  16. 

Awning  Posts  (Iron) — In  streets  exceeding  forty  feet  in  width,  from  which 
any  awning  shall  be  removed,  iron  posts  (and  none  others)  for  awnings 
are  to  be  erected,  according  to  a  model  in  the  office  of  the  Commissioner 
of  Public  Works. 

Iron  Posts. — Eight  inches  within  the  outer  side  of  curb  stone,  and  to  be 
securely  braced  from  building  with  wrought-iron  rails  or  rods,  at  least 
one  inch  in  diamater. 

Cross-Rail. — Nine  feet  (and  no  more)  from  the  curb  stone  to  top  of  rail. — 
R.  0.  1866,  pp.  275-276,  sections  17,  18. 


66 


Iron  Brackets. — In  streets  (not  exceeding  forty  feet 
in  width)  iron  brackets  can  be  constructed. 

Iron  Brackets,  eight  feet  six  inches  (and  no  more)  in  height  from  curb 
stone  to  top  of  outer  cross-rail,  shail  be  firmly  secured  to  the  build- 
ing, and  project  on  a  line  with  the  inner  line  of  the  curb  stone. — R.  0. 
1866,  p.  276,  section  19. 

Commissioner  of  Public  Works  is  ordered  to  direct  the 
removal  of  any  iron  awning  posts  or  brackets  erected  con- 
trary to  law.  And  in  case  of  refusal,  to  direct  proceedings 
to  recover  penalties. — R.  O.  1866,  p.  276,  section  20. 

No  portion  or  part  of  any  cloth  or  canvas  used  as  an  awning  shall  hang 
loosely  down  from  the  same  over  the  sidewalk. — R.  0.  1866,  section  22, 
p.  277. 


I 


67 


MISCELLANEOUS. 

Awning  hanging  loosely  contrary  to  law,  sec.  22,  p.  9. 

Balustrades,  selling  goods  on,  sec.  26,  p.  10. 

Balustrades,  erected  contrary  to  law,  sees.  10,  li,  12,  p.  6. 

Bay  window,  erected  contrary  to  law,  sec.  6,  p.  5. 

Stoop  or  steps,  erected  contrary  to  law,  sees.  3  and  8,  p. 
4,5. 

Posts,  erected  contrary  to  law,  sec.  13,  p.  6. 

Posts,  awning;  wooden,  erected  contrary  to  law,  sees.  14, 
15,  16,  p.  6,  7. 

Posts  awning,  iron,  erected  contrary  to  law,  sees.  17,  18, 
19, 20,  21,  p.  7,  8,  9. 

Porch  over  cellar  door,  erected  contrary  to  law,  sec.  7,  p.  5. 

Step  stones,  erected  contrary  to  law,  sec.  23,  p.  9. 

Railing,  erected  contrary  to  law,  sec.  23,  p.  9. 

Fence,  erected  contrary  to  law,  sec.  23,  p.  9. 

Signs,  erected  contrary  to  law,  sees.  23,  28,  p.  9,  10. 

Posts  (sign),  erected  contrary  to  law,  sec.  23,  p.  9. 

Cellar-door,  erected  contrary  to  law,  sec.  23,  p.  9. 


68 


Platform,  erected  contrary  to  law,  sec.  23,  p.  9. 

Step,  erected  contrary  to  law,  sec.  23,  p.  9. 

Merchandise  of  any  kind  hanging  over  one  foot  from 
building,  sec.  27,  p.  10. 

Cartman  injuring  sidewalk,  sec.  37,  p.  12. 

Cartmen  obstructing  sidewalk,  sec.  38,  p.  13. 

Removing  building  across  a  street,  sec.  40,  p.  13. 

Dumping  dirt  or  rubbish  on  street,  sec.  42,  p.  14. 

Failing  to  remove  dirt  after  paving,  sec.  5.  p.  18. 

Manure,  sand,  mud,  clay,  or  rubbish  allowed  to  be  scat- 
tered on  street,  sec.  7,  p.  19. 

Dirt-cart  depositing  manure,  etc.,  on  street,  sec.  35.  p.  36. 

Cart  (swill)  not  allowed  to  stand  on  street,  sec.  35,  p.  41. 

Sand,  dirt,  or  rubbish  remaining  on  street  after  being  re- 
paired, sec.  5,  p.  18. 

Excavations  to  be  protected  by  railing  fence  and  lights, 
sees.  1, 2,  3,  and  sub-division,  1,  2,  3,  4,  5,  7,  p.  22,  23,  24. 

Digging  down  streets  or  roads,  paving  streets,  building 
sewers,  building  wells,  digging  trenches  for  water-pipes, 
building  material  in  the  street,  constructing  drains,  to  place 
fence,  railing,  and  lights,  sees.  1,  2,  3,  and  subdivisions  1, 
2,  3,  4,  5,  6,  and  sees.  6  and  9,  p.  22,  23,  24. 


69 


GENERAL  RULES. 

Violations  of  ordinances  relative  to  auctioneers,  cartmen, 
cabmen,  hacks,  paving,  re-paving,  and  repairing  of  streets, 
are  only  to  be  reported  when  they  are  wilful,  and  the  side- 
walks, cross-walks  or  streets  are  incumbered  or  obstructed 
thereby. 

Reports  of  this  character  will  be  referred  by  the  superin- 
tendent to  the  proper  bureau  or  authorities  for  action. 

Temporary  obstructions  referred  to  in  section  36,  page 
12,  are  permitted  by  the  Mayor,  but  when  the  sidewalks 
are  used  for  an  unreasonable  time,  and  for  a  longer 
time  than  is  allowed  by  law,  the  permit  is  of  no  effect,  and 
the  obstruction  becomes  unlawful,  and  the  fine  should  be 
imposed,  and  the  permit  rescinded. 

Such  obstructions,  when  found  to  exist,  should  be  in- 
quired into,  and  the  number  of  permit  asked  for  and 
reported  to  this  office. 

Property  of  every  kind  obstructing  streets  or  sidewalk 
should  be  removed  to  the  corporation  yard,  or  other  suita- 
ble place,  as  directed  by  the  superintendent — Sec.  22,  page 
98,  R  0. 

The  prices  to  be  taken  or  charged  by  cartmen  for  the 
loading,  transportation,  or  unloading  of  goods,  wares,  or 


70 


other  articles  upon  order  from  the  superintendent  of  this 
bureau  will  be  the  same  and  no  more  than  is  now  allowed 
by  law  and  ordinance. 

Any  unemployed  public  cartman  refusing  to  load, 
transport,  and  unload  such  goods,  wares,  and  articles  as 
may  be  required  by  an  inspector  of  this  bureau,  for  the 
rates  as  by  ordinance  prescribed,  will  be  liable  to  the  fine 
and  penalties  imposed  by  law. 

Persons  with  hand  barrows  or  velocipedes  passing  over 
sidewalks  should  keep  near  curb  stone,  and  at  all  times 
make  way  for  pedestrians. 

Persons  wilfully  refusing  or  neglecting  to  comply  with 
the  laws  and  ordinances  relating  to  obstructions  and  in- 
cumbrances in  streets  and  sidewalks  should  be  immediate- 
ly prosecuted,  according  to  law,  in  order  to  deter  in  future 
any  and  all  persons  from  interfering  with  the  free  and  un- 
interrupted use  of  any  street,  highway,  or  public  place 
within  the  corporate  limits  of  the  City  of  New  York. 

Approved, 

GEOKGE  M.  VAN  NORT, 

Commissioner  of  the  Department  of  Public  Works. 


INDEX. 


INDEX. 


A 

ALDERMAN—  pasb. 

to  sign  application  to  cut  down  trees   11 

"       permits  for  street  stand,  etc   15 

ASHES— 

throwing  in  street   39 

coal  ashes,  cinders,  removal  of.   40 

AWNING — 

when  permitted   6,  7,  8 

cloth  or  canvas   6 

hanging  loosely  over  sidewalk   9 

leader  attached   9 

AWNING-POST — 

regulation   6 

permit  to  erect   6 

size  of  awning-post   *l 

height  of   *l 

iron  awning-post   T 

exceptions   1 

Commissioner  of  Public  Works  to  remove   7,  8 

notice  to  remove   9,  10 

how  served   10 

by  whom   64 

penalty  for  neglect   10 


74 


B 

BALUSTRADES—  pagb. 

regulations  —permits  for   6 

from  second  story   6 

iron  braces   6 

to  prevent  accidents.   6 

not  to  place  goods  for  sale  on   10 

penalty   10 

BARRIERS — 

persons  digging  down  street   22 

to  erect  fence,  railing   22 

to  erect  lights   22 

penalty  for  neglect   22 

law  applies  to  all  persons   23 

extent  of  railing,  fence,  etc  23,  24 

duties  of  officers   24 

penalties   24 

suits  by  Corporation  Attorney   24 

rail  or  fence  when  street  is  dug   25 

BASEMENT  STEPS— 

regulations    4 

exceptions   4,  5 

BLACKSMITH-SHOP — 

rubbish  from   40 

to  employ  carts  to  remove   40 

BOOTHS,  OR  STANDS — 

not  to  be  erected  in  any  street   41 

for  selling  oysters  or  other  shell-fish   41 

nor  for  selling  or  exposing  for  sale   41 

provisions  or  goods  of  any  description   41 

penalty   41 

BUILDING — 

removing  across  street,  etc   13 

south  of  Fourteenth  street   13 

penalty   13 


75 
o 

CAB   PAGE. 

ordinance  concerning                                                      37,  38,  39 

stands  for  cabs                                                             37,  38,  39 

fees  at  Central  Park   39 

drivers  to  wear  badge.   39 

CARPETS — 

not  to  be  shaken  in  streets   40 

penalty  for  violation   40 

CARRIAGES — 

sales  of  (at  auction  in  streets)   27 

exception   27 

penalty   27 

on  sidewalk   12 

penalty   12 

CART— 

on  street   30 

on  sidewalk   12 

loading  and  unloading   12 

penalty   12 

cart  encumbering  streets   31 

driving  carts  on  sidewalk   12,  31 

penalty   12 

rates  of  cartage   32 

standing  of  cart  on  street   30 

not  to  stand  two  abreast   30 

nor  against  wish  of  occupant   30 

Mayor  and  Police  may  order  removal   31 

obstructing  crosswalk   13 

penalty   13 

removal  of  dirt   40 

spilling  dirt  from  cart   19 

penalty   19 

cartman  injuring  sidewalk   12 

to  repair  same  .'   12 

penalty   13 


76 


CARTS,  DIRT —  page. 

regulations  of   36,37 

not  to  deposit  or  dump  in  street   36 

without  lawful  permission   36 

persons  violating   36 

CARTS,  SWILL— 

not  to  stand  in  any  street   41 

penalty  for  violation   41 

CARTMAN — 

may  obtain  permit   30 

to  remove  on  order   31 

impeding  public  travel   31 

penalty   31 

give  name,  cart  number,  and  residence   31 

not  to  drive  on  sidewalk   31 

not  to  obstruct  street  or  sidewalk   32 

charges  of  cartmen   32,33 

not  to  obstruct  crosswalk   32 

time  allowed  to  load  and  unload   32 

standing  crosswise  of  street   32 

to  carry  load  upon  demand   34 

retain  article  for  cartage   34 

Mayor  to  settle  disputes   34 

articles  of  30  feet  in  length   35 

cartmen  to  attend  to  their  carts   35 

not  to  flourish  whip   35 

not  to  sit  or  stand  on  steps,  etc   35 

carts  in  front  of  owner's  premises   35 

other  carts  or  vehicles    36 

CELLAR  DOOR— 

provisions  concerning   4 

when  to  be  removed   9 

by  whom  removed   7,  8 

notice  to  remove   9 

by  whom   54 

penalty  for  neglect   10 


77 

CELLAR  STEPS —  pagb. 

provision  concerning   4 

railing  on  each  side   4 

gate  with  iron  chain  across   4 

burning  light  over  steps   4 

penalty   *.  4 

exceptions   5 

CELLAR  PORCH — 

regulations  concerning  \     5 

CENTRAL  PARK — 

hackney  coaches  in  .   38 

former  ordinances  repealed   38 

coaches  waiting  for  hire   38 

stands  for  hackney  coaches   39 

rates  of  fare  around  Central  Park   39 

drivers  to  wear  badges   39 

CHATHAM  SQUARE— 

auction  sales  on  sidewalk   29 

between  James  and  Catherine  streets   29 

or  in  Chatham  square   30 

penalty   29,30 

CINDERS — 

throwing  in  streets   39 

to  be  delivered  to  ash  carts  •.   40 

penalty  for  violation   40 

COAL— 

on  sidewalk   12 

penalty   12 

COMMISSIONER  OF  PUBLIC  WORKS — Street  Commissioner— 

to  permit  obstructions,  1866   3 

to  remove  obstructions,  1866   18 

department  created  1831   45 

to.  remove  timber,  etc,  1831   45 

to  permit  and  remove  obstructions,  1838,  1845     46 


78 


COMMISSIONER  OF  PUBLIC  WORKS,  &c.— (continued). 


and  Mayor  to  permit,  1859   46 

to  remove  obstructions,  1859   46 

to  report  obstruction  to  Corporation  Attorney,  1 859   46 

and  Mayor  to  permit  obstructions,  1866   46 

*to  report  encroachments,  1866   47 

to  direct  removal  of  incumbrances,  1866   47 

to  grant  permits,  1866     47 

to  remove  signs,  stands,  etc.,  1866   48 

to  appoint  four  inspectors,  18*66   48 

to  remove  to  corporation  yard   48 

articles  may  be  redeemed   48 

expenses  to  be  paid   48 

shall  keep  book   48 

render  account  to  Comptroller   49 

pay  amount  to  Chamberlain   49 

advertise  and  sell  unclaimed  property   49 

pay  proceeds  to  city  treasury   49 

sell  at  public  auction   49 

may  deliver  articles  to  owner   49 

may  permit  tree  to  be  cut  down   11 

CORPORATION  ATTORNEY — 

Bureau   43 

prosecute  violations  of  ordinance   43 

upon  complaint  of  any  person   43 

exclusive  power  to  sue  for  penalties   44 

may  compromise  suits   43 

CROSSWALKS — 

no  person  to  obstruct.  *   13 

horses  or  carriages  not  to  stop  on   13 

other  obstructions  on   13 

penalty   13 

P 

FISH — 

not  to  sell  or  expose  for  sale  in  streets   28 

nor  meat  or  food  of  any  description   28 

exception   28 


79 


FOUNDRIES—  page. 

not  to  cast  cinders  or  ashes  in  streets   39 

to  employ  carts  to  remove  rubbish,  etc   40 

FURNITURE — Sales  in  streets   25 

G 

GAMES  OF  CHANCE— 

on  streets                                                                    .  42 

GARBAGE — 

throwing  in  streets   39 

GOODS,  WARES  AND  MERCHANDISE— 

hanging  out  over.  1 2  inches   10 

penalty  '   10 

raising  in  front  of  building   11 

penalty   12 

on  sidewalks,  penalty   12 

H 

HAND-BARROW  OR  VELOCIPEDE — 

on  sidewalk   12,  70 

penalty   12 

HACKNEY  COACHES — 

stands  for  hacks  37,  38,  39 

at  Central  Park   39 

rates  of  fare  in   39 

drivers  to  wear  badges   39 

HOISTW AYS  REGULATIONS   15 

HORSES— 

on  side  walks   12 

penalty   12 

6 


80 


I 

INCUMBRANCES—  pA6E. 

bureau  created   50 

Superintendent,  appointment  of   50 

powers  and  duties  (defined)  50,  51,  52,  53 

Inspectors,  appointment  of   53 

powers  and  duties   53,  54 

on  streets,  removal  of                                                   ....  48 

on  sidewalks   48 

INSPECTORS  OF  INCUMBRANCES— 

by  whom  appointed   53 

powers  and  duties   53,  54 

M 

MAYOR— 

may  grant  permits   14 

Alderman  and  Assistant  to  consent   15 

receive  fees  for  permits   15,  17 

to  provide  record      16 

time  of  permit   16 

books  open  to  public  inspection   16 

conflicting  ordinances  repealed   16 

to  report  to  Common  Council   17 

N 

NUISANCES— 

throwing  offal  in  the  street   39 

oyster  and  fish  dealers  (when)   40 

foundries,  etc.,  refuse  from  40 

building  rubbish   40 

sifting  ashes    40 

shaking  carpets   40 

ash  carts   40 

cinders  and  coal  ashes   40,41 

shell  fish   41 

booths  and  stands  in  street   41 

swill  carts  in  street   41 

oysters,  sale  of  in  street   41 

games  of  chance  in  street   42 

posting  notices  of  quacks   42 


81 


o 

ORDINANCE—  page. 

to  remain  in  force   45 

executive  power  taken  from  Common  Council   45 

an  ordinance  in  force   46 

conflicting  ordinances  rescinded   46 

P 

PAVEMENT — 

removing  of  regulations   13 

penalty   13,  14 

PAVING — Street — 

any  person  may  pave   18 

to  remove  dirt,  rubbish,  etc   18 

within  10  days   18 

when  paved  over  pipes   18 

to  remove  dirt,  etc.,  within  6  days   18 

paving  to  be  accepted  by  Water  Purveyor   18 

obstructions  in  paving  streets   19 

persons  removing  obstructions   19 

PERMITS —  On  sidewalks— 

regulations   14 

by  whom  granted   15 

for  show  cases   15 

stands  for  newspapers   15 

"       "   fruit   15 

"       44  books   15 

44       14  other  merchandise   15 

for  stairways   15 

"    hoistways   15 

14  deliveries   15 

by  consent  of   15 

Mayor  not  to  issue   15 

who  to  remove  (amended)   15 

notice,  how  served   15 

license  fee   15 

how  accounted  for   16 

time  of  license   16 

Mayor  to  keep  record  book   16 

open  to  public  inspection   16 

ordinances  conflicting  repealed     16 


82 


POSTS   PAGE. 

regulations   6 

permission  to  erect   6 

iron  posts   8 

when  to  be  removed   9 

by  whom   9 

notice  to  remove   9 

how  served   10 

by  whom   54 

penalty  for  neglect.  ,   10 

PORCH — 

over  cellar  door   5 

exception   6 

when  to  be  removed   9 

by  whom   9,  10 

notice  to  remove   9,  10 

how  served   10 

by  whom   54 

penalty  for  neglect   10 

R 

RUBBISH — 

dumping  without  permission   14 

penalty   14 

throwing  in  streets  . .  14 

misdemeanor  i   14 

T 

s 

SHOW  BILLS — Show  boards,  or  show  cases — 

regulations   10,  15 

hanging  or  suspending   10 

over  12  inches  from  building   10 

penalty.   10 

SIDEWALK —  Curb  and  Gutter— 

removal  of  nagging   19 

when  to  be  repaired   20 

who  to  repair   20 


83 


SIDEWALK — Curb  and  Gutter — (continued).  pagb. 

notice  to  repair   20 

by  whom  served   54 

failure,  who  to  be  done  by   20 

expenses  to  be  paid  by   21 

report  to  Corporation  Attorney   21 

report  to  Comptroller   21 

horses  on   12 

driving  carts  on   12,31 

cartman  injuring  sidewalk   12 

cartman  not  to  drive  on   31 

hanging  goods  (over)   10 

stands,  etc.,  on  (permits)   15 

awning  posts  on   6,  7,  8 

cellar  door,  basement  steps   4 

porch  (over)  cellar  door     5 

posts,  awnings,  stoops,  platforms,  balustrades  6,  7,  8,  9 

permits  to  obstruct  issued  by   14 

obstructions  on  removed  by     18 

coal  on   12 

signs   9 

showbills,  show  boards,  show  cases,  etc   10 

shells   10 

wheel  or  hand  barrow   12 

wood  on   12 

SIGNS — 

regulations   9 

obstructions   9 

when  to  be  removed   9 

by  whom   9,  10 

notice  to  remove   9,  10 

how  served  i   10 

by  whom   54 

penalty  for  neglect   10 

hanging  out  over  12  inches  (24  inches)   10 

penalty   10 

license  fee   17 

SIGN  POST— 

obstructions   9 

when  to  be  removed   9 

by  whom   9 


84 


STANDS — In  streets—  page  . 

regulated  10,  15,  41 

prohibited     15 

STOOPS,  PLATFORMS,  Etc.— 

no  more  than  *l  feet    6 

open  backs,  sides  and  railing   5 

when  to  be  removed   9 

by  whom  removed   9,  10 

notice  to  remove   9,  10 

how  served   10 

by  whom   54 

penalty     5,  10 

exception   6 

STREETS — 

obstructions  in   3,19 

removal  from   18 

horses  on  sidewalks   12 

encroachment  on   41 

STREETS,  OBSTRUCTIONS  IN— Prohibition  of— 

cellar  doors   4 

basement  steps   4 

windows   5 

cellar  porch   5 

stoops,  platform   5 

balustrades   6 

posts   6 

awning  posts   6 

awnings.   9 

removal  of   8 

goods  on  balustrades   10 

hanging  out  goods    10 

signs,  show  bills,  show  boards   10 

raising  goods  outside  of  windows   11 

obstructing  sidewalks   12 

horses  and  carts  on  sidewalks   12 

injuring  sidewalks   12 

obstructing  crosswalks   13 

carrying  dirt  from  streets   13 

spilling  dirt  from  carts   19 


85 


STREETS,  OBSTRUCTIONS,  &c— (continued),  page. 

moving  of  buildings   13 

removing  of  pavements   13 

dumping  earth  on  streets   14 

STREETS— 

Sales  in,  etc. 

general  provisions   25 

places  of  sale  of  furniture   25 

time  of  sales  in  streets   26 

permission  of  owners   A  26 

extent  of  space  occupied   26 

sales  of  carriages  and  animals  in    2*7 

removal  of  things  sold   2V 

advertising  sale   27 

sales  of  dry  goods,  hardware,  etc   28 

sales  at  auction   28 

sales  of  meat,  fish,  and  food   28 

sales  of  furniture   29 

sales  in  Chatham  square   29 

sales  of  merchandize  on  streets    28,  29,  30 

sales  of,  prohibited   29 

throwing,  casting  or  laying   ashes,  offal,  vegetables,  garbage, 

dross   39 

cinders,  shells,  straw,  shavings,  dirt,  filth   39 

or  rubbish  of  any  kind  whatever  in  street   39 

who  to  employ  carts  at  their  own  expense   40 

rubbish  iu  to  be  removed  before  sunset   40 

sifting  or  screening  lime,  ashes,  etc.,  in   40 

cinder  and  coal  ashes   40,  41 

booths  or  stands  on  streets   41 

swill-cart  not  to  stand  in  street   41 

penalty   41 

games  of  chance,  penalty     42 

posting  notices,  penalty   42 

STREET  STANDS,  SHOW  CASES,  STAIRWAYS,  HOISTWAYS 
AND  DELIVERIES — 

ordinance  concerning   14 

permits  for   15 


86 


STREET  STANDS,  &c.— (continued),  page. 

removal  of  *.   15 

license  fees   15 

term  of  permits   16 

record  of  permits   16 

license  fee  for  signs   15 

report  of  licenses  and  permits   15 

record  book  to  be  kept     16 

open  to  public   16 

stands  in,  prohibited   41 

SUPERINTENDENT  OF  INCUMBRANCES— 

bureau  created   50 

powers   50 

duties                                                                      50,  51,  52,  53 

to  prepare  printed  blanks. ...    50 

to  issue  orders  and  regulations   51 

to  receive  complaints  and  keep  records   51 

to  issue  order  for  removal  of  incumbrances   51 

to  issue  permits  for  awnings  and  building  permits   51 

to  issue  other  temporary  permits    51 

to  notify  owners,  etc.,  to  repair  sidewalks,  etc   51 

to  report  unlawful  acts   51 

to  keep  true  and  accurate  accounts   51 

to  inspect  and  report  condition  of  streets   51 

to  act  under  direction  of  Commissioner   52 

to  enforce  laws  and  ordinances,  as  to  obstructions,  etc   52 

to  report  to  Mayor  and  Corporation  Attorney  violations   52 

to  keep  account  of  wages  paid,  work  done,  etc   52 

to  superintend  repairing  of  sidewalks   52 

to  superintend  sales  at  corporation  yard   53 

to  perform  other  duties  as  required   53 

receive  application  to  cut  down  trees   53 


T 

TREES— 

to  be  cut  down  

by  Commissioner  of  Public  "Works. 

upon  application  of  

repair  sidewalks  

no  person  to  plant  

penalty  


87 


TREES — (continued).  pagb. 

exception   11 

not  to  destroy  or  cut  down   11 

penalty   11 

W 

* 

WHEEL-BARROW  OR  HAND-BARROW— 

on  sidewalk   12 

Penalty   12 

WOOD— 

on  sidewalk  ...    12 

penalty   12 

WINDOWS— 

regulations  of   5 

when  to  be  removed   9 

by  whom   9 

notice   9 

how  served   9 

by  whom   54 

penalty   15 

Y 

YARDS,  CORPORATION— 

jurisdiction  over   48 

public  care  of   48 


i 


